Download pdf - REPUBLIC OF RWANDA MINISTRY OF TRADE AND INDUSTRYdocuments.worldbank.org/curated/en/757521468191652859/pdf/GL… · REPUBLIC OF RWANDA MINISTRY OF TRADE AND INDUSTRY GREAT LAKES TRADE

REPUBLIC OF RWANDA

MINISTRY OF TRADE AND INDUSTRY

GREAT LAKES TRADE FACILITATION PROJECT

(GLTFP)

RESETTLEMENT POLICY FRAMEWORK

(RPF)

FINAL REPORT

CONSULTANT:

THARCISSE MUSABYIMANA

Email: [email protected]

Tel: +250 788640812

April 2015

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mailto:[email protected]

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RPF- Great Lakes Trade Facilitation Project – April 2015

EXECUTIVE SUMMARY

Project description

This Resettlement Policy Framework (RPF) was prepared for the Great Lakes Trade

Facilitation Project (GLTFP) to be funded by the World Bank. The Ministry of Trade and

Industry (MINICOM) will be responsible for implementing GLTFP, including the

provisions of this Resettlement Policy Framework (RPF).

This RPF is to be applied by MINICOM to ensure that the World Bank safeguard

policy OP 4.12 for involuntary resettlement and national requirements for land

acquisition and resettlement are adequately addressed. MINICOM will ensure that the

relevant capacity and training needs are established in order for the recommended

measures to be implemented effectively.

GLTFP has basically 4 main components: infrastructure improvements, procedural reforms

and capacity building, performance-based border management, and support for project

implementation, communications and monitoring and evaluation. However, GLTFP Phase I,

for which this RPF is more applicable, will focus on Infrastructure Improvements. This

component includes the rehabilitation of Kamembe International Airport, the construction of

Nyamasheke Cross-border Market and the construction of Rusizi Cross-border Market as

well as improving Cross-Border facilities in Rusizi I. Therefore, Great Lakes Trade

Facilitation Project in Rwanda, Phase I will work in 4 main sites: Kamembe International

Airport (Rusizi District), Rusizi Cross-border Market (Rusizi District), Nyamasheke Cross-

border Market, and Rusizi I Cross-Border facilities (Rusizi District).

Public consultations on the RPF

Consultations were held with stakeholders in March 2015 providing an overall description

of the Project, the purpose of the ESMF and RPF, potential outcomes of the frameworks and

to obtain feedback on ways to improve implementation of the frameworks. The key

stakeholders and institutions consulted include Ministry of Trade and Industry (chair),

Ministry of Finance, Ministry of Infrastructure, Immigration Office, Ministry of Agriculture,

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Rwanda Revenue Authority, and other related agencies, local authorities, communities

within the project area and cross-border traders.

In order to ensure that key interests of the public at various levels of governance are

addressed and incorporated into the design and implementation of the ESMF/ RPF

safeguard tools, stakeholder consultations were carried out as part of the ESMF/RPF

process. Consulted cross border traders and the border communities welcomed the

proposed project, which they say will greatly improve their livelihoods. They indicated that

it will provide opportunities for jobs.

People around the border between Rwanda and DRC associate the cross-border market

with the end of poverty for them. People link it with the booming businesses they say were

in the area in past when they had a market that would attract Congolese. They, say that the

market got closed due to insecurity at the place and, as they said, this made them become

very poor. Generally, people in Rusizi and Nyamasheke agree that their livelihood highly

depends on their interactions and trading with Congolese. Congolese cross-border traders

also say that they cannot live without trading with Rwandans.

Potential Land Acquisition and Affected Persons

Activities of Component 1 of GLTFP may trigger some level of displacement and

resettlement of people affected. In addition to the likelihood of physical displacement, there

is also some likelihood for economic and sociocultural displacement to occur. Small amounts

of land acquisition may occur with respect to activities that will be developed under

component 1.

Therefore, the following Resettlement Policy Framework (RPF) has been prepared for the

purpose of establishing the principles and procedures to be applied in the event that

involuntary resettlement, loss of land or other fixed assets, or natural resource limitations

leading to physical, economic and sociocultural displacement would arise as a result of the

project implementation. The RPF was drafted based on World Bank Operational Policy

4.12, the relevant Rwandan laws and regulations and the Environmental and Social

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Management Framework that was conducted in parallel to the RPF, and will form the basis

for resettlement planning and includes provisions to compensate affected persons

accordingly.Re-fencing of Kamembe International Airport is expected to follow the same

alignment as the existing fence and not to displace the farmers who are currently using land

around the airport on contract basis with the Civil Aviation Authority. Nevertheless, in the

unexpected case that the fencing needs to be adjusted after all and would lead to

displacement, this RPF will equally apply.

Legislative Framework

In 2005, the Organic Land Law was promulgated which recognized private ownership,

both customary and legal, of most of the hillside areas. Previously, all land belonged to the

State, which meant it was illegal to buy and sell land, and any required expropriation

would result in users of that land being compensated for assets lost at a fixed rate set in

1996. As a result, there have been serious shortcomings in the national processes associated

with land expropriation, resettlement and associated compensation payments. The new

Expropriation Law (2007) outlines rights and compensation procedures for land

expropriated for public interest, whilst the newly promulgated Valuation Law (2007)

stipulates valuation methods to be applied to those assets expropriated. Although the 2007

Expropriation Law is now being updated, it is still in effect since the updated version is not

yet in effect. MINICOM will be required to update this RPF to allow for updated policies

and procedures.

Other pertinent laws relating to land administration, ownership and expropriation in

Rwanda include:

The Rwandan Constitution, promulgated in 2003

Presidential Order N° 54/01 of 12/10/2006 determining the structure, the

responsibilities, the functioning and the composition of Land Commissions; and

Ministerial Order N° 001/2006 of 26/09/2006 determining the structure of Land

Registers, the responsibilities and the functioning of the District Land Bureau.

Gap Analysis between Rwandan Laws and WB OP 4.12

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There are a number of differences between the Rwandan legislation and the World

Bank Policy OP 4.12. In such instances the rules in OP 4.12 shall prevail. The key

differences relate to the general principles for resettlement including income restoration,

eligibility criteria, and the notification period for expropriation and resettlement.

Avoid Resettlement: according to OP4.12, resettlement should be avoided whenever

possible, while national legislation states that 'expropriation of land will be done

when deemed necessary for public purposes.

Notification period required: national legislation requires that property must be

handed over 90 days after financial compensation has been paid, while OP4.12

requires that displacement must not occur before all necessary measures for

resettlement are in place.

Meaningful and participative consultation: the extent that Project Affected Persons

are involved in meaningful participation required by Rwandan Law is not as robust

as under OP 4.12.

Eligibility determination: OP4.12 entitles those who have formal rights, those

with claims to land and those with no recognizable legal right, to compensation,

while national legislation entitles only those who are 'landholders' with legal

possession of the land and who own property thereon. In this regard, although a

decision has not yet been taken about the exact places of cross-border markets, the

preparation of the ESMF revealed that in one of the places likely to be used for the

Cross-Border Market in Nyamasheke , there are people who built their houses within

50 meters from the lake. According to regulations in Rwanda, these should not be

considered in resettlement and compensation plans because in Rwanda, it is illegal to

carry out any activity within 50 meters from the Lake. However, should such people

have to move because of the project, under OP 4.12, if that place were to be selected,

these would also be considered.

Monitoring: the level of monitoring required in Rwandan law is not as robust as

that required by OP4.12.

Fair and just compensation: the Expropriation and Valuation Laws provide for fair

and just compensation to expropriated peoples eligible for compensation, the

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definition of 'fair and just' is not clearly defined, and therefore there is a risk that

Project Affected People's livelihoods may not be restored or improved after

compensation and resettlement.

Valuation and Compensation

As per the Valuation Law, all people affected by expropriation must receive fair and just

compensation. The calculation of fair and just compensation is to be made by

independent valuators. Whilst fair and just compensation is stipulated to be market value

for land and other assets, clarification of what this comprises is not made clear in the

legislation. This RPF provides methods, formulae and cost units that are currently

applicable internationally and are equivalent to market value. In order to ensure that OP4.12

requirements are met for valuation, these valuation methods are to be adopted for all sub-

projects/components of GLTFP.

Preparation and Implementation of RAP

The steps to be undertaken for each individual RAP include a screening process, a

census and socio-economic study and land asset inventory of the area and identification

of Project Affected Parties (PAPs). This will be followed by the development of a

Resettlement Action Plan (RAP), RAP review and approval, implementation of the RAP

and monitoring of RAP implementation and success. These steps will be the responsibility

of MINICOM. The District Land Bureau will take the lead in electing the Resettlement and

Compensation committee in the event of dislocation of communities and households in response

to the project activities, which will work closely with the Grievance and Redress Committee.

This committee will not only coordinate the design and implementation of the RAPs but

will contribute significantly since it will be created at sector level, thereby ensuring each

RAP is appropriately tailored to local conditions.

Throughout this process, consultation and public disclosure will take place with PAPs

(and receiving communities as the case may be). Following approval of the area specific

RAP, the process of implementation must take place. This will involve:

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Consultation (a continuation of the process entered into during the site selection

screening and the RAP development process);

Notification to affected parties;

Agreement on asset identification, valuation process and compensation, including

agreement and further development of rehabilitation measures; and

Preparation of contracts, compensation payments and provision of assistance in

resettlement.

Monitoring of RAP implementation

Grievance redress mechanisms

The Grievance Redress Mechanism will be established and announced as soon as the

investments are identified and the social survey is conducted indicating potential

dislocation of PAPs. This will allow the PAPs to express their grievance throughout the

RAP preparation process. The grievance procedure will be simple, and will be

administered up to the Sector/ Cell level by the Grievance Redress Committee to facilitate

access by PAPs. A representative of the Committee will act as Project Liaison Officer

(PLO) and be the main project contact for all PAPs. It is recommended that the PLO

works in collaboration with representatives of PAPs to ensure objectivity in the grievance

process. All grievances concerning non-fulfillment of contracts, levels of compensation, or

seizure of assets without compensation shall be addressed to the Project Liaison Officer and

resolved in coordination with the District Administration and MINICOM SPIU.

Monitoring and Evaluation

The arrangements for monitoring the resettlement and compensation activities will fit the

overall monitoring program of GLTFP, which will fall under the overall responsibility of

the MINICOM SPIU. At the sub-project level, the District authorities will have

responsibility for ensuring that monitoring is undertaken with the Resettlement and

Compensation Committee coordinating efforts. Periodic evaluations will be made in

order to determine whether the PAPs have been paid in full and before implementation

of the sub project activities; economic rehabilitation measures have been implemented;

and the PAPs have the same or higher standard of living than before, measured

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against the socio-economic basel ine data that will be collected during the

preparation of the RAP. A number of objectively verifiable indicators shall be used to

monitor the impacts of the compensation and resettlement activities. These indicators will

be targeted at quantitatively and qualitatively measuring the physical and socio-economic

status of the PAPs, to determine and guide improvement in their social wellbeing. In

addition, an independent audit will take place at the completion of the RAP

implementation.

Estimated Budget

The unit prices, the number of people to be affected, and the scope of land acquisition

u n d e r p i n n i n g t h e b u d g e t are estimates. The exact figures will not be known

until the RAPs are prepared, and the Government of Rwanda will make funds available

for the implementation of the RAPs.

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TABLE OF CONTENTS

EXECUTIVE SUMMARY ......................................................................................................................................... 2

TABLE OF CONTENTS ............................................................................................................................................ 9

ACRONYMS AND ABBREVIATIONS ...................................................................................................................... 11

1. INTRODUCTION ............................................................................................................................................... 12

1.1 Background ............................................................................................................................................... 12

1.2 Description of the Project ......................................................................................................................... 13

1.2.1 Project Outline ................................................................................................................................... 13

1.2.2 Project Components .......................................................................................................................... 13

2. POTENTIAL SOCIAL IMPACTS .......................................................................................................................... 15

2.1 Overview ................................................................................................................................................... 16

2.2 Potential Social Issues ............................................................................................................................... 16

2.3 Rationale of Resettlement Policy Framework .......................................................................................... 16

2.4 Potential Involuntary Resettlement Impacts ............................................................................................ 17

2.5 Benefits of GLTFP ...................................................................................................................................... 17

3. METHODOLOGY AND CONSULTATION ........................................................................................................... 18

3.1 Detailed and in-depth literature review ................................................................................................... 18

3.2 Field Visits ................................................................................................................................................. 18

3.3 Interactive Discussions.............................................................................................................................. 19

4. PRINCIPLES GOVERNING RESETTLEMENT PREPARATION AND IMPLEMENTATION ....................................... 19

4.1 RPF Principles ............................................................................................................................................ 19

4.2 RPF Implementation Arrangements ......................................................................................................... 21

4.2.1 Overview ............................................................................................................................................ 21

4.2.2 Overall Outline of GLTFP Implementation Arrangements ................................................................. 22

4.2.3 Institutional Roles in Resettlement and Compensation .................................................................... 22

5. LEGAL AND REGULATORY FRAMEWORK ........................................................................................................ 25

5.1 Overview of Rwandan Land Policy and Legislation with regards to Resettlement .................................. 25

5.1.1 Categories of lands in Rwanda ........................................................................................................... 26

5.1.2 Land tenure legal provisions in Rwanda ............................................................................................ 27

5.1.3 Property laws in Rwanda ................................................................................................................... 27

5.1.4 Eligibility under Rwanda Law ............................................................................................................. 28

5.1.5 Compensation entitlement ................................................................................................................ 28

5.1.6 Land Assets Classification and valuation ........................................................................................... 29

5.1.7 Procedures for Expropriation in Rwanda ........................................................................................... 30

5.2 Comparison between Rwandan Legislation and OP 4.12 ......................................................................... 31

6. DEFINITIONS OF PROJECT AFFECTED PEOPLE (PAPs) ................................................................................. 33

6.1 Definition of Project Affected People (PAPs) ............................................................................................ 33

6.2 Categories of PAPs .................................................................................................................................... 34

6.2.1 Affected individuals ........................................................................................................................... 34

6.2.2 Affected households .......................................................................................................................... 34

6.2.3 Vulnerable Households ...................................................................................................................... 34

6.3 Eligibility under the project ...................................................................................................................... 35

6.3.1 Principles ............................................................................................................................................ 35

6.3.2 Eligibility Criteria ................................................................................................................................ 36

6.3.3 Methods to Determine Cut-Off dates ................................................................................................ 37

6.3.4 Potential relocation areas .................................................................................................................. 39

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7. PROCESS FOR SCREENING, PREPARING AND APPROVING RAPs .................................................................... 39

7.1 When is a RAP required? .......................................................................................................................... 39

7.2 Overall process.......................................................................................................................................... 40

7.3 RAP implementing agencies ..................................................................................................................... 40

7.4 Public consultation and participation ....................................................................................................... 41

7.5 Project Activity screening ......................................................................................................................... 41

7.6 Socio-economic census and asset inventory ............................................................................................ 42

7.7 Development of the RAP .......................................................................................................................... 42

7.8 Review and submission to project authorities ......................................................................................... 43

8. METHODS OF VALUING AFFECTED ASSETS ..................................................................................................... 44

8.1 Types of compensation payments ............................................................................................................ 44

8.2 Valuation of Assets and National Law ...................................................................................................... 44

8.3 Valuation procedure ................................................................................................................................. 45

8.3.1 Use of Standard Valuation Tables ...................................................................................................... 45

8.3.2 Preparation of Asset Inventory .......................................................................................................... 45

8.4 Methods of Compensation ....................................................................................................................... 46

8.5 Valuation methods .................................................................................................................................... 47

8.5.1 Replacement Cost Approach ............................................................................................................. 47

8.5.2 Gross Current Replacement Cost ....................................................................................................... 47

8.5.3 Other methods ................................................................................................................................... 47

8.6 Compensation Calculation for Assets ....................................................................................................... 48

8.6.1 Compensation for Community Assets ............................................................................................... 48

8.6.2 Compensation for Sacred Sites .......................................................................................................... 48

9. IMPLEMENTATION SCHEDULE, LINKING RESETTLEMENT IMPLEMENTATION TO CIVIL WORKS .................... 49

9.1 Overview ................................................................................................................................................... 49

9.2 Implementation schedule ......................................................................................................................... 50

10. GRIEVANCES REDRESS MECHANISMS ........................................................................................................... 51

10.1 Overview ................................................................................................................................................. 51

10.2 Grievance redress process ...................................................................................................................... 52

10.3 Management of Reported Grievances .................................................................................................... 54

10.4 Grievance Log.......................................................................................................................................... 54

10.5 Monitoring Complaints ........................................................................................................................... 54

11. RPF IMPLEMENTATION FUNDING ................................................................................................................. 54

12. MECHANISM FOR CONSULTATIONS AND PARTICIPATION OF AFFECTED PERSONS IN PLANNING,

IMPLEMENTATION AND MONITORING .............................................................................................................. 55

12.1 Overview ................................................................................................................................................. 55

12.3 Implementation operation ..................................................................................................................... 57

12.4 Monitoring and Evaluation phase ........................................................................................................... 57

13. ARRANGEMENTS FOR MONITORING AND EVALUATION ............................................................................. 57

13.1 Overview ................................................................................................................................................. 57

13.2 Indicators to Determine the Status of Affected People ......................................................................... 59

13.3 Indicators to Measure RAP Performance ............................................................................................... 60

13.4 Monitoring of RPF Implementation ........................................................................................................ 62

13.4.1 Storage of PAPs Details .................................................................................................................... 63

13.4.2 Annual Audit .................................................................................................................................... 65

13.4.3 Socio-economic monitoring ............................................................................................................. 65

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REFERENCES ........................................................................................................................................................ 67

ANNEX 1: GLOSSARY OF TERMS ......................................................................................................................... 68

ANNEX 2: SUMMARY OF CONSULTATIONS ........................................................................................................ 85

ANNEX 3: WORLD BANK RESETTLEMENT POLICY FRAMEWORK ....................................................................... 91

ANNEX 4: RELEVANT LAWS ................................................................................................................................ 93

ANNEX 5: ENTITLEMENT MATRIX

ANNEX 6: TEMPLATE FOR DESIGN OF RESETTLEMENT ACTION PLANS

ANNEX 7: PROJECT SCREENING FORM

ANNEX 8: SAMPLE CENSUS SURVEY FORM

ANNEX9: SAMPLE ASSET VALUATION SURVEY FORM

ANNEX 10: GRIEVANCE REDRESS - SAMPLE FORMS

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ACRONYMS AND ABBREVIATIONS

DRC Democratic Republic of Congo ESMF Environmental and Social Management Framework

GLTFP Great Lakes Trade Facilitation Project

GLR Great Lakes Region

GoR Government of Rwanda

LODA Rwanda Local Development Agency

M&E Monitoring and Evaluation

MINAGRI Ministry of Agriculture & Animal Resources

MINALOC Ministry of Local Government, Good Governance

Community Development and Social Affairs

MINECOFIN Ministry of Finance and Economic Planning

MINICOM Ministry of Trade and Industry

MININFRA Ministry of Infrastructure

MINIFOM Ministry of Forestry and Mines

MINIRENA Ministry of Natural Resources

OP Operational Policy

PAP Project Affected Person

PCT Project Coordination Team

PDO Project Development Objectives

PSC Project Steering Committee

RAP Resettlement and Action Plan

RCAA Rwanda Civil Aviation Authority

RPF Resettlement Policy Framework

RTDA Rwanda Transport Development Authority

WB World Bank

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1. INTRODUCTION

1.1 Background

The economies of eastern DRC, Burundi, Rwanda, and western areas of Uganda, Tanzania

and Zambia have been inextricably linked for centuries but the conflicts of recent years have

taken a heavy toll on human life and disrupted the regional economy. However, despite

conflicts in the Great Lakes Region (GLR), cross-border trade has continued to be an

important source of goods, services and incomes for Rwandans and Congolese, although

they are not benefiting maximally. Informal cross-border trade in the Great Lakes region is

dominated by women.

Countries often rely on air transport to overcome difficulties of overland connectivity. For

the DRC, air transport is the main form of long distance movement. However, poor air

transport infrastructure and low availability of services makes it difficult to access such

services. In fact, many residents in eastern DRC access air services in neighboring countries,

especially in Rwanda, Uganda and Burundi. Poor access to such services in these countries

hampers growth and minimizes the potential for trade in products, such as horticulture, that

could be traded by air. Often travelers from DRC are forced to spend additional nights in

transit and incur higher costs to clear their goods through the land border crossing points.

Tackling the challenges and constraints faced by cross border traders in the Great Lakes

region requires that a bundle of interrelated constraints are tackled simultaneously. The

main constraints are (i) dilapidated infrastructure at the border and at lake ports resulting in

a poor environment for handling and processing goods and people (border posts are lacking

in basic amenities such as water, sanitation and electricity as well as essential facilities such

as warehousing), (ii) harassment and violence against traders, especially women, and (iii)

lack of transparency and knowledge of trade regimes and procedures. These constraints raise

costs for traders and make for an insecure trading environment.

Facilitating trade across borders will be an important mechanism to improve access of

consumers to basic food products and to increase the returns to farmers. There are also

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considerable opportunities to increase trade in services, including professional services,

logistics services, construction services and financial services. GLTFP therefore aims at

facilitating cross-border trade in GL countries. This component, however, focuses on

Rwanda and DRC and undertakes to facilitate cross-border trade between Rwandans and

Congolese. Although facilitating cross-border trade touches on various dimensions, this

phase of GLTFP will focus on Infrastructure Improvement. It will look at Kamembe

International Airport, Nyamasheke Cross-border Market and Rusizi Cross-border Market in

the Western Province of Rwanda.

1.2 Description of the Project

1.2.1 Project Outline

The GLTFP will facilitate cross-border trade in the Great Lakes Region, especially between

Rwanda and Democratic Republic of Congo. Activities will include rehabilitating Kamembe

International Airport and potentially building two cross-border markets (Nyamasheke

Cross-border Market) and Rusizi Cross-Border Market. Although these activities might

cause some people to be relocated and lose their assets and properties, GLTFP will ensure

that the resettlement is properly done and the livelihoods of these people are properly taken

care of.

1.2.2 Project Components

GLTFP has basically 4 main components: infrastructure improvements, procedural reforms

and capacity building, performance-based border management, and support for project

implementation, communications and monitoring and evaluation. Component 1 of GLTFP

will focus on Infrastructure Improvements. This component includes the rehabilitation of

Kamembe International Airport, potentially the construction of Nyamasheke Cross-border

Market and the construction of Rusizi Cross-border Market. Therefore, Great Lakes Trade

Facilitation Project, component1 will work in 4 main sites: Kamembe International Airport,

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(Rusizi Cross-border Market and Nyamasheke Cross-border Markets as well as Rusizi I

Border Post (Rusizi District).

2.2.2.1 Kamembe International Airport

Activities to rehabilitate Kamembe International Airport will include rehabilitating (and

strengthening) the existing runway at Kamembe. This would give the pavement a lifespan of

20 years, based on the Q400 aircraft. It is envisaged to increase passenger volumes in future

through increased frequencies, lighting, and night flights.

The project will finance the rehabilitation of existing runway, navigational aids and weather

equipment, aeronautical ground lighting, airport perimeter fencing and lighting and a transit

cargo facility. The Rwanda Civil Aviation Authority (RCAA) has already commenced

resurfacing works, which will not be not financed as part of the current project.

2.2.2.2 Nyamasheke Cross-Border Market

Nyamasheke Cross border market is one of the potential investments. However, the precise

location of this market has not yet been decided. . The envisaged market will accommodate

livestock, food items, restaurants, canteens, shops, stores, and all other equipment necessary

for a cross-border market and it will be financed under GLTFP.

2.2.2.3 Rusizi Cross-Border Market

Rusizi Cross-Border Market is another envisaged investment in order to promote cross-

border trade between Rwanda and DRC. Decision on the location is also not made yet.

Activities geared towards developing this cross-border market might get funded under

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GLTFP.

2.2.2.4 Rusizi I Cross-Border Post (Rusizi I, Rusizi District)

This component is expected to help Rusizi I Border Post to render proper and quick services

to cross-border traders. It will improve the processing of traders by improving the related

facilities. These include focusing on paving the parking area and introducing an automated

gate system. This activity is expected not to cause any serious issues as the land that is

supposed to be used belongs to the Immigration Office.

2. POTENTIAL SOCIAL IMPACTS

2.1 Overview

Overall, the project is expected to provide significant environmental and social benefits,

both onsite and downstream. Nevertheless, some of its activities may have (i) localized

and/or temporary small adverse environmental impacts on human populations or

environmentally important areas - including water bodies, forests, grasslands, and other

natural habitats; and/or (ii) involve some limited land acquisition, and/or restrict access to

some natural resources. As the project is not likely to have significant adverse

environmental and social impacts that are sensitive, diverse, or unprecedented, the

proposed project is classified as Category B.

2.2 Potential Social Issues

The project is anticipated to result in improving and facilitating trade between Rwanda and

DRC as well as improvement of the livelihoods of people in the project areas, through

systematic adoption of participatory implementation of livelihood improvement activities.

Priority investments will be done in a participatory, transparent, and accountable manner.

This implies active participation in decision-making by key actors, including civil society

and affected communities. Similarly, gender and other concerns of most vulnerable groups

shall be addressed through the same participatory processes.

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Nonetheless, there is a likelihood of physical resettlement and/or land acquisition related to

project interventions. As such, OP 4.12, Involuntary Resettlement is triggered.

The borders in Rwanda, especially in Rusizi are vibrant and busy places, there are no

permanent markets and or allocated locations where venders conduct their daily business,

the specific locations for resting, waiting for immigration and conducting business changes

on a daily basis, 86% of who are women. The preliminary study indicated improving

facilities at Rusizi I Border Post will not have any adverse impacts but would rather provide

the much needed markets for the traders and vendors, and hence these are included in the

project to provide the much needed space for the traders and vendors. While the land on

which the construction will take place belongs to the government, however, project

interventions at Rusizi I Border Post, Rusizi Cross-Border Market, Nyamasheke Cross-Border

Market as well as at Kamembe International Airport may require temporary relocation of

vendors and traders to an appropriate site closer to the border for the trading to continue

and hence will trigger World Bank Operation Policies on Environmental Assessment OP 4.01

and Involuntary Resettlement OP 4.12. In that case, a Resettlement Action Plan (RAP) for the

border posts and markets will have to be prepared, that will include the relocation of the

traders and vendors to a temporary location close to the borders in the short term and

relocation to the newly constructed markets at the respective borders in the long term. As for

the works at Kemembe airport, these will likely include the replacement of the existing

fencing, following the existing alignment. Nevertheless should KCAA decide to extend or

change the fencing parameter a few families may lose access to RCAA land that they are

presently cultivating. In such an event, a RAP shall be prepared in accordance with the

Resettlement Policy Framework that has been prepared for the project, and implemented

prior to the start of the works.

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2.3 Rationale of Resettlement Policy Framework

This Resettlement Policy Framework has been developed in line with (OP 4.12) to

provide guidelines on how the projects will avoid, manage or mitigate potential risks and

the process by which Resettlement Action Plans will be prepared and implemented if

the occasion arises during the project implementation period.

The RPF presents the objectives, principles, organizational arrangements and funding

mechanisms to prepare Resettlement Action Plans (RAPs) for proper ly managing

any displacement and resettlement that may be necessary during implementation of

GLTFP as per the applicable Rwanda laws and regulations and the World Bank

safeguard Policy on Involuntary Resettlement (OP 4.12), provided that where the two

differ, OP 4.12 shall prevail. Resettlement plans for specific activities causing

displacement due to GLTFP will be prepared using this RPF and submitted to the World

Bank for prior approval.

2.4 Potential Involuntary Resettlement Impacts

The activities of Component 1 of GLTFP may trigger some level of displacement and

resettlement of people affected. In addition to the likelihood of physical displacement, there

is also high likelihood for economic and sociocultural displacement to occur. Small amounts

of land acquisition may occur with respect to activities that will be developed under the

project. Therefore, the following Resettlement Policy Framework (RPF) has been prepared

for the purpose of establishing the principles and procedures to be applied in the event that

involuntary resettlement, loss of land or other fixed assets, or natural resource limitations

leading to physical, economic and sociocultural displacement would arise as a result of the

project implementation. The RPF was drafted based on World Bank Operational Policy

4.12, the relevant Rwandan laws and regulations and the Environmental and Social

Management Framework that was conducted in parallel, and will form the basis for

resettlement planning.

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2.5 Benefits of GLTFP

The Great Lakes Trade Facilitation Project (GLTFP) seeks to develop cross-border trade

infrastructure for improved cross-border trade. GLTFP embraces a number of sub-projects

which will improve and enhance the living standards of the communities neighboring the

selected border points. The implementation of GLTFP sub-projects is expected to have a

widespread positive impact on overall socio-economic status and livelihoods of the people

neighboring Kamembe International Airport as well as Nyamasheke and Rusizi cross-

border markets. This report addresses the risks that might arise if a sub-project results into

acquisition of land and hence disturbing the people’s economic, sociocultural and/or

physical aspects of life, or if the project performs actions that limit people’s access to natural

resources which are important for their livelihoods. This Resettlement Policy Framework

(RPF) provides guidelines on how the sub-projects will avoid, manage or mitigate all these

project-related displacement risks.

3. METHODOLOGY AND CONSULTATION

The study was conducted by the consultant using the following approaches and

methodologies;

3.1 Detailed and in-depth literature review

Review on the existing baseline information and literature material was undertaken and

helped in gaining a further and deeper understanding of the project. Among the

documents that were reviewed in order to familiarize and deeply understand the project

included:

• GLTFP Documents

• World Bank Safeguard Policies

• World Bank Involuntary Resettlement Operational Policy 4.12.

• Agricultural policies in Rwanda

• Organic Law N° 03/2013/OL of 16/06/2013 determining the use and management of

land in Rwanda

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3.2 Field Visits

In order to familiarize and get acquainted with the project types in terms of background

issues (socio-economic and bio-physical) the consultant also made visits to the project areas

and sites. The field sites visited included Kamembe International Airport, Nyamasheke

Cross-Border Market and Rusizi Cross-Border Market.

3.3 Interactive Discussions

Interactive discussions and consultations were held with relevant stakeholders such as

leaders, traders, communities including Interested and Affected Parties (I&AP) who were

identified during the stakeholder analysis process. These discussions are the basis for most

of the measures contained in this RPF and were very useful and insightful in

understanding the issues of concern (See Annex 2).

4. PRINCIPLES GOVERNING RESETTLEMENT PREPARATION AND

IMPLEMENTATION

4.1 RPF Principles

Under the OP 4.12, communities affected by resettlement are defined as those who are

directly affected socially and economically by the involuntary taking of land and other

assets resulting in:

Dislocation or loss of shelter;

Loss of assets or access to assets and services; or

Loss of direct income sources or means of livelihood (i.e., income and livelihoods

directly dependent on the affected areas), whether or not the affected persons must

move to another location.

The RPF for GLTFP will adopt the following principles:

Involuntary resettlement and land acquisition will be avoided where feasible, or

minimized, where it cannot be eliminated.

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Where involuntary resettlement and land acquisition are unavoidable, resettlement and

compensation activities will be conceived and executed as sustainable development

programs, providing resources to give PAPs the opportunity to share project benefits.

PAPs will be meaningfully consulted and will participate in planning and

implementing both the resettlement and the development programs funded under

GLTFP.

PAPs will be assisted in their efforts to ideally improve their livelihoods and

standards of living or at least to restore them, in real terms, to pre-displacement levels

or levels prevailing prior to the beginning of the project implementation, whichever is

higher. Impacts on the PAPs are measured by the quantity of land to be acquired/

lost and residual land and its economic viability. Once the severity of impact has been

considered an entitlement option is selected.

Measures to address resettlement shall ensure that project affected peoples are informed

about their options and rights pertaining to resettlement, are included in the consultation

process and given the opportunity to participate in the selection of technically and

economically feasible alternatives. They will also be provided prompt and effective

compensation at full replacement cost for losses of assets and access attributable to the

interventions.

The policy applies to all PAPs regardless of the total number affected, the severity of the

impact and whether or not they have legal title to the land. Informal or customary tenure

is to be treated in the same manner as formal, legal titles.

Particular attention will be paid to the needs of vulnerable groups among those

displaced; especially those below the poverty line, the landless, the elderly, women and

children. The objective is to provide whatever additional assistance may be necessary to

restore pre-project living standards.

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Furthermore, the resettlement policy applies to other activities resulting in involuntary

resettlement, that in the judgment of the W o r l d Bank are a) directly and significantly

related to GLTFP interventions; b) necessary to achieve its objectives as set forth in the

project documents; and c) carried out, or planned to be carried out, at the same time as

the project.

The implementation of individual RAPs must be completed prior to the implementation

of intervention activities causing resettlement, a n d submitted to the World Bank for

review and approval.

The Bank Safeguard Policy OP 4.12 applies to all components or sub-components under

the project, whether or not they are directly funded in whole or in part by the Bank.

4.2 RPF Implementation Arrangements

4.2.1 Overview

The overall coordination of the project will be provided by the Ministry of Trade and

Industry (MINICOM) through the GLTFP implementing agencies which will oversee all

resettlement planning and coordinate all issues relating to the compensation. Given the

importance of the activities under the various sub-components, GLTFP will collaborate

with Local Authorities falling within the project area in coordination and implementation.

The implementation arrangements of the RPF build on:

The implementation arrangements for the overall GLTFP including agencies at the

site level – [Rwanda Civil Aviation Authority (RCAA) will have specific responsibility for

the works at Kamembe International Airport, Rwanda Transport Development Agency

(RTDA) will oversee the implementation of works at Rusizi I Border Post while Rwanda Local

Development Agency (LODA) will oversee activities related to Cross-Border Markets

(Nyamasheke and Rusizi] ; and

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The implementation arrangements for resettlement and compensation activities in

line with the Rwandan legislation.

Actors involved in both these sets of institutional arrangements need to be taken into

account in the implementation of resettlement and compensation activities for GLTFP

interventions. This section describes the optimal arrangements that build on

responsibilities already in place to ensure that the requirements of this RPF are met for

each intervention. These are based on the institutional structure at the time of writing

the RPF. Should these institutional structures change, this will need to be reflected in the

arrangements outlined.

4.2.2 Overall Outline of GLTFP Implementation Arrangements

The administrative coordination will be with MINICOM’s SPIU, with the support of key

ministries such as MINIRENA, MININFRA, MINECOFIN, MINALOC, MINAGRI. At the

project sites, GLTFP will be implemented by Rwanda Civil Aviation Authority (RCAA) with

specific responsibility for the works at Kamembe International Airport , Rwanda Transport

Development Agency (RTDA) responsible for the implementation of works at Rusizi I

Border Post, and Rwanda Local Development Agency (LODA) charged with overseeing

activities related to Cross-Border Markets (Nyamasheke and Rusizi).

4.2.3 Institutional Roles in Resettlement and Compensation

At the national level, the project will be implemented through MINICOM. A Project

Coordination Team responsible for day-to-day implementation will be based within the

Single Project Implementation Unit (SPIU) housed in MINICOM, which coordinates all

donor projects under MINICOM. The team might include dedicated staff and potential

supporters from key ministries such as MINIRENA, MININFRA, MINECOFIN, MINALOC,

MINAGRI.

4.2.3.2 District Level Implementing Agencies

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GLTFFP activities will be implemented by agencies such as LODA, RTD and RCAA.

However, for the purpose of resettlement, the District authority in which sub-project sites

are located will provide political and administrative support. It will also play a

monitoring role in the RAPs.

4.2.3.3 Local Implementing Agencies

4.2.3.3.1 Resettlement and Compensation Committees

In keeping with Rwanda's decentralization policy, the responsibility for the development

and implementation of the RAPs will be at Sector and Cell level. Once resettlement has

been identified via the screening process in relation to a GLTFP intervention, District

Land Bureau representatives will be responsible for electing members of a sub-project

Resettlement and Compensation Committee. This committee does not currently exist, but is

proposed as part of the RPF implementation arrangements, and will operate at sector/cell

level. It is proposed to be coordinated by the District Land Bureau, due to the executive

powers of the DLB. This committee will plan for, coordinate and monitor resettlement,

compensation and relocation activities, as well as supervise compensation payments to

the recipient project affected parties (PAPs). A large part of their responsibility will be

consultation with potential PAPs. The local Resettlement and Compensation Committee

would comprise the following:

Representative from Sector or Cell Land Committee;

Representative from the Land Adjudication Committee;

Representative from any other key sector office involved in the

resettlement process;

Representatives of the PAPs; and

GLTFP/ PCT/Implementing agencies (ideally the Rural Sociologist or

Community Development expert)

The Resettlement and Compensation Committee would have responsibility for:

Validating inventories of PAPs and affected assets;

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Allocating land, where required, to permanently affected households;

Supervise the valuation process

Monitor the disbursement of funds;

Guide and monitor the implementation of relocation;

Coordinate activities between the various organizations involved in

relocation; ·

Provide support and assistance to vulnerable groups.

This committee should meet on a regular basis (as determined by the needs of the

project) to ensure that resettlement activities are appropriately designed and executed.

It is recommended that a representative be elected to act as the Project Liaison Officer

who would act as the key contact with PAPs and therefore facilitate implementation of

consultation, public participation and grievance mechanisms. These actors are

described in greater detail below.

4.2.3.3.2 Sector/ Cell Land Committees

These report to the District Land Bureau, and are responsible for monitoring land use,

approving land expropriation, and approving all land use changes in their particular

Sector/ Cell. They also ensure documentation of land tenure at these levels. The members

of the Sector and cell land committees include:

Representative of a farmers’ cooperative;

Representative of sector level local agricultural administration;

Member of education services i.e., teacher;

Representatives of individual farmers; and

Vulnerable groups (preferably women, as according to the Constitution 30

per cent of each committee must be made up of women).

4.2.3.3.3 Land Adjudication Committees

The Land Adjudication Committee is responsible for coordinating individual land

registration and ensuring appropriate compensation payment is made for individual land

expropriated. It will ensure that compensation payments are included in the requests for

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funds, and that they are allocated accordingly. Land Adjudication committees are a

traditional legal institution implemented only when there is conflict over land

ownership. The members of the Land Adjudication Committee include:

Farmer elders;

Representative of Cell agricultural department; and

Representative of Sector/Cell Land committee.

4.2.3.3.4 Village Level Land Committees

At the Village/Umudugudu level, there are village-level mediators (abunzi) whose work is

to hear disputes, especially land disputes. The abunzi, or mediation committees, have

mandatory jurisdiction over land disputes involving amounts that are less than three

million RwF, which means over most land disputes. The Abunzi also have mandatory

jurisdiction over succession and boundary disputes involving less than three million

RwF. The abunzi will be used in the GLTFP as the first stop for resolving disputes and

grievances following land acquisition. They will be involved in the compensation process

from the beginning to the end. They will also be used in the design of the RAP as much

as possible in order to ensure that community buy in is present at an early stage hence

reducing disputed or grievances.

5. LEGAL AND REGULATORY FRAMEWORK

This section seeks to highlight major issues related to Rwandan land legislation with

regards to resettlement. It provides a brief overview of the Rwandan Land Policy, the

Rwandan Constitution provisions connected with land use, planning, management and

tenure, the Land Law, Presidential and Ministerial orders and decrees connected with land

and more specifically the legislation related with land expropriation, land valuation and

land replacement. Strategically, the Rwandan legislation will be compared with the World

Bank provisions on resettlement, and gaps will be highlighted. Whenever there are gaps, the

rules set forth in this RPF will be followed.

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5.1 Overview of Rwandan Land Policy and Legislation with regards to Resettlement

The Rwandan Land Policy ensures equal right to land use for all Rwandan citizens

(Politique Nationale Foncière 2004). In order to achieve the objective of the Land Policy,

Rwanda underwent a land reform process targeting three main objectives: (1) Use of the

Land for economic growth and poverty reduction, (2) Ensuring equal rights to land for all

Rwandans and (3) Protecting environment and land resources. A number of organic laws,

decrees and orders have been promulgated to facilitate the implementation of the Rwandan

Land Policy.

Existing legislation that relates to Land and resettlement issues in Rwanda comprise the

following:

• The Rwandan Constitution, promulgated in 2003;

• Organic Law N° 03/2013/OL of 16/06/2013 determining the use and management of land

in Rwanda;

• Land Valuation Law promulgated in 2007;

• Land Expropriation Law promulgated N° 18/2007 of 19/04/2007;

• Presidential Order N° 54/01 of 12/10/2006 determining the structure, the

responsibilities, the functioning and the composition of Land Commissions; and

• Ministerial Order N° 001/2006 of 26/09/2006 determining the structure of Land

Registers, the responsibilities and the functioning of the District Land Bureau

5.1.1 Categories of lands in Rwanda

The Organic Law N° 03/2013/OL of 16/06/2013 categorizes land via two criteria: (1) Land Use

and (2) Land Ownership.

Land Use (Article 9) is split into two categories: urban lands and rural lands. Urban lands

are defined as lands confined within the legal boundaries of towns and municipalities as

well as lands in suburbs and collective settlements of towns and municipalities. Any other

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land is rural land.

Land ownership is divided into the following categories: individual owned lands and State

lands (whether urban or rural). Article 10 provides that individual land is comprised of land

acquired through custom, written law. That land has been granted definitely by competent

authorities or acquired by purchase, donation, inheritance, succession, ascending sharing,

and exchange or through sharing.

Article 11 provides that public land consists of land in public and private domain of State, land

belonging to public institutions and land that belongs to local authorities whether being in their

public domain or in their private domain. It also states that the State may donate to any public

institution or local authority its land reserved for public or private domain.

Article 12 states that State land in the public domain consists of all land meant to be used by the

general public or land reserved for organs of State services as well as national land reserved for

environmental protection.

5.1.2 Land tenure legal provisions in Rwanda

Although the Organic Land Law provides two types of formal land tenure: full ownership/

freehold and long term leasehold, all land in Rwanda belongs to public entities: the State,

the Cities and the Districts. "Public land" is reserved for public use or for environmental

protection. "Private land" can be allocated by its public owners (State, Cities and District) to

natural or legal persons. It then becomes "individual land". It is leased through a lease

contract and against payment of an annual lease fee. The lessee obtains an ownership

certificate (Emphyteutic Lease Contract and Certificate or Full Ownership Title) (Ministry of

Natural Resources, 2012). GLTFP might need compensation for individual land owned.

The Organic Land Law recognizes existing rights, whether written or unwritten, under both

civil law and customary practices through new national land tenure arrangements. Efforts

have been made to formalize land ownership, especially those acquired through customary

means. For instance, rural populations with customary/indigenous land rights have been

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encouraged to register their land through decentralized land institutions like the District

Land Bureau, Sector Land Committees and Cell Land Committees (Ministerial Order N°

001/2006 of 26/09/2006 determining the structure of Land Registers, the responsibilities and

the functioning of the District Land Bureau).

All types of land tenure must be in compliance with the designated land use and

environmental protection measures as outlined in the Land Use Master Plan.

5.1.3 Property laws in Rwanda

Laws on property are found in various legal texts of Rwanda including the Rwandan

Constitution which recognizes every person’s right to private property (Article 29).

Consequently, private property, whether individually or collectively owned is inviolable.

Exceptionally, the right to property may be overruled in the case of public interest. In these

cases, circumstances and procedures are determined by the law and subject to fair and prior

compensation (Article 29).

In addition, the present Organic Land Law sets a legal framework for property law under

articles 5 and 6 which provides for full ownership of land and permits any person that owns

land (either through custom or otherwise), to be in conformity with the provisions of this

law. It is important to observe however that full ownership of land is only granted upon

acquisition of a land title issued by the general land registrar authority. Once the efforts to

provide proper land tenure documentation are completed, ownership of land without

proper documents such as, land title, will not be deemed lawful land ownership and thus in

event of circumstances like expropriation, one will not be able to benefit from a fair and just

compensation package. Under these circumstances, OP 4.12 guidelines will be applied.

5.1.4 Eligibility under Rwanda Law

Eligibility for compensation is enshrined under the Rwandan constitution (Article 29) and

the Expropriation Law. The two laws regulate and give entitlement to those affected,

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whether or not they have written customary or formal tenure rights. The person to be

expropriated is defined under article 2 (7) of the Expropriation Law to mean any person or

legal entity who is to have his or her private property transferred due to public interest, in

which case they shall be legally entitled to payment of compensation.

5.1.5 Compensation entitlement

In case an individual suffers any loss, Article 3 of the Expropriation Law stipulates that he

or she should receive just compensation for it, although it is not clear what comprises fair

and just compensation, this being left to the judgment of independent valuators. Article 4 of

this law also stipulates that any project which results in the need for expropriation for

public interest shall provide for all just compensation in its budget. Through mutual

arrangement, both parties can determine the mode of payment. Article 22 (2) of the

Expropriation Law provides that through an agreement between the person to expropriate

and the one to be expropriated, just compensation may either be monetary, alternative land

or a building equivalent as long as either option equates to fair and just monetary

compensation. In case the determination of ‘just’ compensation exceeds in value the

alternative land given to the expropriated person, the difference will be paid to the

expropriated person.

5.1.6 Land Assets Classification and valuation

A land holder whose holding has been expropriated shall be entitled to payment of

compensation for land and other assets, plus compensation relating to all activities resulting

in any improvement to the land. Land and other assets are classified into two categories:

movable and immovable assets, both of which are eligible for compensation. For movable

assets, compensation relates to inconveniences and other transition costs caused in the

process of relocation. Immovable assets include: crops, forests, any building or other activity

aimed at efficient use of the land, the value of land, and the activities thereon that belong to

the person expropriated.

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The valuation is made considering the size, nature and location of land as well as the

prevailing market price. The amount of compensation for property is determined on the

basis of the replacement cost of the property. Prior to the 2005 Organic Land Law, as all land

was State owned, buying and selling of land was not permitted. Following the recent

restructuring of Land legislation, people now have the right to claim ownership and trade in

newly-privatized lands. However, the decrees supporting this aspect of the 2005 Organic

Land Law are not yet fully implemented, and awareness is currently perceived to be low

among the population such that appropriate market prices for land have yet to be

established.

Under the new law it is not permitted for MINIRENA to provide any valuations for

expropriated assets, as was the case previously. Instead, the entity responsible for

undertaking valuation of assets is the Land Valuation Bureau. This entity is considered to be

independent from the government, and provides independent valuation experts to value all

assets affected by expropriation. However, it is not yet clear what the arrangements are for

funding valuations by the Land Valuation Bureau, it is recommended that the related costs

should be borne by the project.

MINIRENA will provide relevant land assessments and information on price differentials

according to the location of land to be expropriated, which will form the basis upon which

fair and just compensation is to be calculated. The law provides that the valuation for

expropriated lands be based on its type, use, location and availability, building on this

guidance provided by MINIRENA. For the time being, until proper market prices are

established, prices are negotiated openly and freely by the buyer and the seller.

5.1.7 Procedures for Expropriation in Rwanda

The law provides for public sensitization on the importance of the project to be established

and the need for expropriation. In addition to sensitization, the Expropriation Law requires

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prior consultative meetings and examination of the project proposal involving

expropriation, with a view to avoid eventual prejudice on the person or entity subject to

expropriation. Normally, a consultative meeting is held within 30 days after receipt of the

application for expropriation. Based on these consultations, the relevant Land Commission

or Committee (from the Cell level to the National level) takes a decision to approve the

project within a period of 15 days.

The application for expropriation should contain relevant information about the project,

including description, the justification that the project is aimed at the public interest, the

Land Use Master Plan for the land area on which the project shall be implemented,

documentation indicating that the project does not have negative impacts on environment

(or that the impact is mitigated by the project) as well as proof confirming the availability of

funds to fully cover compensation costs. The Land Use Master Plan and a survey conducted

in order to get a comprehensive description of the activities/items on that land as well as the

list of beneficiaries of activities on that land should be referred to.

After the survey process is completed and approved by GLTFP /PCT, parties must sign a

contract detailing the objective of expropriation, the value of compensation and the

payment method and schedule. The contract serves as a documentary evidence of the full

consent of all parties to the rights and obligations as well as procedures enshrined therein.

They bind the parties to it and the contractual provisions become the law between the

parties.

The final decision is normally communicated publicly to the population by the relevant

Land Commission. The decision is also normally posted in the public offices where the land

at issue is located as well as on radio Rwanda and in State newspapers. As such, this is

intended to inform the concerned parties and it is normally done within 30 days after the

decision has been made (article 13 of the Expropriation Law).

5.2 Comparison between Rwandan Legislation and OP 4.12

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This section compares the similarities and differences between the laws of Rwanda related

to expropriation and the World Bank’s safeguards on Involuntary Resettlement. In this

project, where the local law differs with the Bank's OP 4.12 the latter will apply or take

precedence.

The promulgation of the new Expropriation Law introduces a legal framework within

which expropriation activities must be conducted, and above all, attempts to bring

Rwandan legislation more in line with international best practice requirements. However,

despite this, there are still some gaps between the national Rwandan legislation and the

World Bank Policy OP4.12. These relate to the general principles for resettlement, eligibility

criteria, the notification period for expropriation and resettlement, and the procedures

required throughout the resettlement process.

The key differences are as follows:

Avoid Resettlement: According to OP4.12, resettlement should be avoided whenever

possible, while the Rwandan national legislation regards expropriation of land for

public interest as inevitable (provided under article 6 of the Expropriation Law).

Notification period required: The expropriation law No 18/2007 of 19/04/2007

(article 24 paragraphs 3) requires that property must be handed over in a period not

exceeding 90 days after compensation has been paid. OP4.12 requires that

displacement must not occur before necessary measures for resettlement are in place,

i.e., measures over and above simple compensation. Measures pertaining to

provision of economic rehabilitation however can and often do occur post

displacement.

Meaningful and participative consultation: OP 4.12 requires that persons to be

displaced should be meaningfully consulted and should have opportunity to

participate in planning and design of resettlement programs. The Rwandan

Expropriation Law simply stipulates that affected peoples be fully informed of

expropriation issues and goes further to prohibit any opposition to the expropriation

program if considered to be under the pretext of self-centered justification.

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Eligibility determination: Rwandan legislation only stipulates that compensation be

due to land owners, rather than to ALL land users as stipulated by OP4.12. In

determining eligibility, the World Bank OP4.12 allows a broader range of eligibility

than the national policy. Thus OP4.12 will provide the framework for resettlement for

GLTFP.

Fair and just compensation: Furthermore, whilst the Expropriation and Valuation

Laws provide for fair and just compensation to expropriated peoples eligible for

compensation, the definition of ‘fair and just’ is not clear, and therefore there is a risk

that World Bank OP4.12 standards may not be met in implementation. Equally,

whilst OP4.12 stipulates a clear preference for non-cash compensation for land based

livelihoods to be provided, this preference is not as evident in the Expropriation Law.

Thus OP4.12 will provide the framework for resettlement for the GLTFP.

Monitoring: Finally, whilst monitoring measures are provided for in Rwandan

legislation, the focus is to ensure that contracted compensation has been provided in

full. It does not require assessment as to whether the compensation provided was

appropriate, and whether the PAPs livelihoods have been restored or improved as

stipulated by OP4.12.

6. DEFINITIONS OF PROJECT AFFECTED PEOPLE (PAPs)

6.1 Definition of Project Affected People (PAPs)

This Resettlement Policy Framework considers project affected people as those who stand to

lose as a consequence of the project, all or part of physical and non-physical assets,

including homes, communities, productive lands, resources such as forests, fishing areas,

commercial properties, tenancy, income-earning opportunities as well as social and cultural

networks and activities. Such impacts may be permanent or temporary. It also includes

people who do not legally own the land they use, or who may be using it illegally for

example, those who have built their houses within 50 meters from Lake Kivu in

Nyamasheke District. .

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The RPF guidelines apply to all components under the project, whether or not they are

directly funded in whole or in part by the World Bank. The policy framework applies to all

economically and/or physically displaced persons regardless of the total number affected,

the severity of impact and whether or not they have legal title to the land. Particular

attention will be paid to the needs of vulnerable groups among those economically and/or

physically displaced especially those below the poverty line, the landless, the elderly,

women and children or other economically and/or physically displaced persons who may

not be protected through Rwanda’s land compensation legislation.

6.2 Categories of PAPs

Land acquisition for sub-projects may result in negative impacts to different categories of

PAPs. Until the exact sub-project locations are determined it is not possible to estimate the

likely number of people who may be affected. However, the likely displaced (economically

or physically) persons can be categorized into three groups namely:

6.2.1 Affected individuals

These are individuals who risks losing assets, investments, land, property and/or access to

natural and/or economic resources as a result of a sub-project.

6.2.2 Affected households

A household is affected if one or more of its members are affected by any sub-project. This

includes:

(a) Any member in the households, men, women, children, dependent relatives and friends,

tenants;

(b) Vulnerable individuals who may be too old or ill to farm along with the others;

(c) Members of households who cannot reside together because of cultural rules, but who

depend on one another for their daily existence;

(d) Members of households who may not eat together but provide housekeeping or other

activities critical to the family’s maintenance; and

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(e) Other vulnerable people who cannot participate, due to being physically challenged or

for cultural reasons, in production, consumption, or co-residence.

In the local cultures, members of production, consumption, and co-resident groups form

overlapping, often incongruent sets of people who may exchange domestic or farming

services on a regular basis even though living separately. Compensation will not be limited

to people who live together in a co-resident group, since this might leave out people whose

labor contributions are critical to the functioning of the “household”.

6.2.3 Vulnerable Households

Vulnerable households may have different land needs from most households, or needs

unrelated to the amount of land available to them. Vulnerable households include: ((i)

vulnerable women; (ii) children, especially orphans; (iii) young persons; (iv) disabled

persons; (v) the elderly; (vi) families affected and/or infected by HIV/AIDS, among others.

6.3 Eligibility under the project

6.3.1 Principles

The involuntary taking of land results in relocation or loss of shelter; and loss of assets or

access to assets or loss of income sources or means of livelihood, whether or not the PAPs

must move to another location or not. Meaningful consultations with the affected persons,

local authorities and community leaders will therefore allow for establishment of criteria by

which displaced persons will be deemed eligible for compensation and other resettlement

assistance. The Operational Policy on Involuntary Resettlement (OP 4.12) proposes the

following three criteria for eligibility:

(a) Those that have formal rights to land including customary/District land, traditional

and religious rights recognized under Rwandan Law;

(b) Those who do not have formal legal rights to land at the time the census begins but

have a claim to such land or assets provided that such claims are recognized under the

laws of Rwanda or become recognized through a process identified in the resettlement

plan; and

(c) Those who have no recognizable legal right or claim to the land they are occupying,

using or getting their livelihood from, but are recognized under World Bank OP 4.12.

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Those covered under (a) and (b) above are to be provided compensation for the land they

lose, and other assistance in accordance with this RPF. Persons covered under (c) above are

to be provided with resettlement assistance in lieu of compensation for the land they

occupy, and other assistance, as necessary, to achieve the objectives set out in this RPF. They

will only qualify for the compensation if they occupied the project area prior to a cut-off

date established by the Resettlement Committees in close consultation with the potential

PAPs, local community leaders and the respective local Land Control Boards and acceptable

to the World Bank. Persons who encroach on the area after the cut-off date are not entitled

to compensation or any other form of resettlement assistance. All persons included in (a), (b)

or (c) above are to be provided with compensation for loss of assets other than land.

It is therefore clear that all project affected persons irrespective of their status or whether

they have formal titles, legal rights or not, squatters or otherwise encroaching illegally on

land, are eligible for some kind of assistance if they occupied the land before the entitlement

cut-off date. Persons who encroach the area after the cut-off date (i.e. the date of the start of

the census)) are not eligible for compensation or any form of resettlement assistance.

6.3.2 Eligibility Criteria

PAPs may be classified in one of the three groups listed above. The process will involve

review of tenure documents owned by occupants, interviews with households and groups

in the affected area. PAPs covered in (a) and (b) will be compensated for the land they lose,

and other assistance ensuring that they are (i) informed about their options and rights

pertaining to resettlement, (ii) consulted and provided with technically and economically

feasible resettlement and (iii) provided prompt and effective compensation at full

replacement cost for losses of assets attributable directly to the project.

Land for land compensation will be applied to PAPs who might lose their land. All PAPs

irrespective of their status or whether they have formal titles, legal rights or not, squatters or

encroaching illegally on land, are eligible for some assistance if they occupied the land

before the entitlement cut-off date. Persons who encroach on the area after that date are not

eligible for compensation or any form of resettlement assistance. There will therefore be a

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package of compensation and other resettlement measures to assist each category of eligible

PAPs to achieve the objectives of the policy. The entitlement matrix in Annex 5 provides

more detail on eligibility criteria and entitlements. that will be used for the GLTFP..

6.3.2.1 Eligibility for Community Compensation

It is important to note that the eligibility may also be claimed collectively, e.g. as a

community or religious group, when the assets lost are of communal property or use.

Individuals or families can claim individual eligibility for loss of assets of a private nature to

that individual or household. Communities on communal land that permanently lose land

and/or access to assets and or resources under statutory or customary rights will be eligible

for compensation. Example of community compensation could be for public toilets, market

places, taxi parks, schools and health centers, or access to alternative source of natural

resources to restore their livelihoods. The rationale for this is to ensure that the pre- project

socio-economic status of communities where adversely impacted, is also restored.

6.3.2.2 Loss of property

This includes loss of houses, crops and trees, structures, fixed improvements, businesses

which should be compensated at market value, negotiated settlements, productivity

valuation, material and labor valuation. In all cases (partial or entire loss of structure), PAPs

will be allowed to salvage construction materials without a discount to the compensation

they are entitled to. . Cash payments may also be made if a small fraction of property is lost

instead of replacing the whole property, but if the partial loss results in the land not being

economically viable then the property will be replaced. Those who lose houses will also be

assisted with temporary residence (if necessary).

6.3.2.3 Loss of wages and income

These are persons who will lose their income due to the project. Workers losing

employment in the process of relocation should be entitled to transitional income support.

Compensation equivalent to lost income required for the duration of impact should be paid

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to the latter Businesses (including small vendors) should be compensated for loss of profit

as the case may be. In addition, PAPs will be entitled to transitional assistance, which

includes moving expenses, temporary residence (if necessary), and employment in the

project while waiting for employment. In difficult cases, local administration shall be used

to judge eligibility as well as village committees.

6.3.3 Methods to Determine Cut-Off dates

Once the sub-project has been legally approved and a permit provided, a RAP will be

prepared for the sub-project. As part of the preparation of a RAP, a census will be

undertaken to identify all the PAPs and the related levels of impact. The date that the census

begins is the cut-off date for eligibility for resettlement and compensation. It is key,

therefore, that this date is fully communicated to all potential PAPs in the project affected

area with sufficient time for these people to ensure their availability for the Census.

This communication will be done through the Sub-project Resettlement and Compensation

Committees and in line with the consultation procedures. Community leaders and

representatives will also be charged with the responsibility to notify their members about

the established cut-off date and its significance. The potential PAPs will be informed

through both formal notification in writing and by verbal notification delivered in the in the

presence of the community leaders or their representatives.

Once the census had been undertaken, the lists of will be verified physically with the use of

passport size photographs and validated by the relevant authorities (the Sector/ Cell Land

Committees and Community leaders). These lists will then be reviewed and approved by

the District authority and finally by PCT. Once these lists have been approved, thereafter,

no new cases of affected people will be considered.

Where there are clearly no identified owners or users of land or assets, the respective Land

authorities (Cell/Sector Land Committees and District Land Bureaus) will notify the

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community leaders and representatives to help to identify and locate the land users.

Once land users have been identified, their details and eligibility will be submitted to the

Sub-project Resettlement and Compensation Committee. Once they have been verified and

validated by the District Land Bureau these new PAPs will be considered eligible for

compensation.

Because the time period between the cut-off date and the time actual productive

investments (civil works, etc.) would start, bearing also in mind that only after PAPs have

been compensated and any replacement structures built according to the requirements of

this RPF, is likely to be anytime period from six months on, special attention needs to be

taken to secure the sites from rush and opportunistic invasion. These measures should

include close consultation with the recognized PAP’s, signs that inform general public of

intended use of site, security patrols to identify opportunistic invaders.

The start of the census (i.e. the cut-off date) is subject to the approval of MINICOM and

must be communicated effectively to the potential PAP’s and the surrounding local

villages/communities. The local community leaders will play a crucial role in identifying

users of land since most of them would have acquired their customary rights to use the land

from their local authorities and leaders.

6.3.4 Potential relocation areas

The location of resettlement sites (in case of the need for physical relocation) will be

identified during the development of activity RAPs, which will involve consultation with

relevant authorities, host community and the PAPs involved.

7. PROCESS FOR SCREENING, PREPARING AND APPROVING RAPs

For every project activity, project implementers will need to identify whether resettlement will

occur, and, if it will, to define remedial action in a Resettlement Action Plan (RAP). This RPF

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provides a framework for the preparation of RAPs to address resettlement associated with the

activities of the GLTFP. Each of the proposed activities will require the preparation of separate

RAPs which will be submitted to the World Bank for review and approval.

7.1 When is a RAP required?

REMA, through the District Environmental Officer, will screen every project activity to

determine whether a project activity is expected to cause physical or economic resettlement

(see Annex 7 for the screening form). Whenever an activity may cause such resettlement, a

RAP must be prepared by the Project Coordination Team (PCT) through the project

implementing agencies (RCAA, RTDA and LODA). This will have to be approved by the

District Development Committee, and ultimately signed off by PCT. The PCT will also

monitor the implementation of the RAP and its supervision at a national level, while the

relevant District Land Bureau will monitor at the local level. The RAP will need to be as

detailed as possible in order to guide resettlement of each of the project activities. The overall

responsibility of RAP preparation and implementation will remain with the PCT.

In order to ensure robustness and consistency of the process, the preparation, implementation

and monitoring of the RAPs will often need to be closely supported by training and technical

assistance. In advance, PCT must undertake an assessment of the relevant actors (namely the

Resettlement and Compensation Committee, and the District Land Bureau) to identify training

and technical needs. Such capacity building activities have been provided for in the RPF budget.

7.2 Overall process

In order to scope potential resettlement implications, the steps to be undertaken at the design

stage of each individual activity include the following:

• A screening process;

• A census and socio-economic study, and a land asset inventory of the area; and

• Identification of Project Affected Parties (PAPs).

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The census and socio-economic are done once it is known that land acquisition is required.

The socio-economic study will provide a description of the social and economic baseline

situation of the PAPs against which restoration of their livelihoods can be monitored. Once

these steps are completed and there is evidence of resettlement issues, a Resettlement Action

Plan (RAP) will be developed. Throughout this process, consultation and public disclosure

will take place with PAPs, ensuring that the affected persons are informed about the intentions

to use the site for the GLTFP activities. Consultation must ensure that affected persons are

made aware of all aspects of the project, and their implications. They must also be aware of,

and have access to, a grievance mechanism.

7.3 RAP implementing agencies

A number of Government institutions will play a role in the implementation of the RPF and

individual RAPs, in line with the general GLTFP institutional arrangements and with national

legislation. In keeping with Rwanda decentralization policy, the development and

implementation of the RAPs will be the responsibility of the Local Authorities (including

District Authority representatives) in each activity location.

Implementation will be led by a Resettlement and Compensation Committee created for each

activity where resettlement is an issue. This committee is elected by the District Land Bureau.

The District authorities (via the District Development Committee) will have a review role of

the Resettlement and Compensation committee.

The District Land Bureau will provide political and administrative support for the

implementation of RAPs. National level institutions will ensure that there is compliance

against the RPF and national legislation, and that information is available and consolidated in

one place for overall GLTFP project monitoring.

7.4 Public consultation and participation

Consultation with, and participation by, the affected communities and individuals is an

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essential element of the land acquisition, compensation and resettlement process. GLTFP PCT

and GLTFP implementing agencies will be responsible for the needed consultations.

Throughout the process, and particularly during screening, there must be adequate

consultation and involvement of the local communities and the affected persons. Grievance

redress is very important to the success of implementation of resettlement action plans.

7.5 Project Activity screening

The first step in the process of preparing individual RAPs is the screening process to identify

the land/ areas that may result in resettlement impacts. Activity screening is used to identify

the types and nature of potential impacts related to the activities proposed under GLTFP, and

to provide adequate measures to address them. It also ensures that the avoidance or

minimization of resettlement is a key activity selection criterion.

The screening process presented below will ensure that activities presented for GLTFP

funding comply with the requirements of OP 4.12 and Rwandan Law according to the 2005

Organic Land Law and Land Use Master Plan.

The initial screening (project screening) will be done by the District Environmental Officer

with the use of the screening form in Annex 7 to this RPF. This screening form should be

integrated with the screening mechanism proposed under the Environmental & Social

Management Framework, in order to streamline procedures. Screening will take place as early

in the project process as possible, and it will identify land-take that will require resettlement.

This process will be in consultation with the PAPs to ensure that it takes all considerations into

account, and that all potential impacts are identified.

The screening form will then be submitted to the PCT for review. Should the screening process

show that resettlement will be required, the next step will be to conduct a census and land

asset inventory to determine the extent of resettlement required. This will be followed by the

preparation of a RAP for the project activity.

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It is worth mentioning that MINICOM/SPIU will need to have a social specialist for GLTFP at SPIU and

one in the field, who also understands related environmental issues, and who will follow-up and assist

in social screening, compensation and resettlement issues. This specialist will be responsible for

application of RPF for the preparation of ESIA and RAPs, aligning activities with OP4.12 and other

related safeguards.

7.6 Census, socio-economic study and asset inventory

An important aspect of preparing a RAP is to establish appropriate data to identify the

persons and their assets that will be affected by an activity, people eligible for compensation

and assistance, and to discourage inflow of people who are ineligible for these benefits.

In essence, the census will achieve the following:

• Providing initial information on the scale of resettlement to be undertaken;

• Identifying gaps in information and gives an indication of further socio-economic

research needed to quantify standards of living and losses to be compensated and, if

required, to design appropriate development interventions; and

• Establishing indicators that can be measured at a later date during monitoring and

evaluation.

The socio-economic census will be initiated by GLTFP PCT through GLTFP implementing

agencies in consultation with the relevant Districts (via the Resettlement and Compensation

Committees). It will be accompanied by a land asset inventory. An independent consultant

might be needed to undertake the census, under close supervision of the Resettlement and

Compensation Committee.

7.7 Development of the RAP

Following the census and socio-economic study and identification of affected parties and their

assets, a RAP will be developed. This will be coordinated by GLTFP PCT in consultation with

the Resettlement and Compensation Committee and overseen by the District authorities. It is

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anticipated that the work might be undertaken by a private consultant or NGO/CBO

commissioned for this particular task.

It will be prepared in consultation with affected parties, particularly in relation to the cut-off

date for eligibility, disturbances to livelihoods and income-earning activities, methods of

valuation, compensation payments, potential assistance and timeframes. Each element of a

RAP is described in this RPF, but more detailed guidelines for preparing a RAP are available

on the World Bank’s website (www.worldbank.org) or in the World Bank’s Resettlement and

Rehabilitation Guidebook.

Under GLTFP, individual site specific resettlement plans to be submitted as a condition for

activities’ financing will include the following:

• Baseline census and socio-economic survey information including cut-off date

• Valuation, specific compensation rates and standards.

• Entitlements related to all impacts identified in the census survey, i.e. all resettlement

measures

• A description of resettlement sites where applicable and programs for improvement

and restoration of livelihoods and standards of living.

• Implementation schedule for resettlement activities and detailed cost estimate.

7.8 Review and submission to project authorities

Following completion of the RAP for an activity, the Resettlement and Compensation

Committee must submit the RAP to the District authorities (probably the District

Development Committee) for approval. The RAP is also to be submitted to the GLTFP PCT

office to ensure compliance with the RPF, and consistency in approach between activities. All

RAPs will be reviewed and approved by the World Bank to ensure compliance with OP4.12

and any other relevant policies/ procedures. Capacity for RAP review and approval will be

built at Local Authority level (specifically via the Resettlement and Compensation Committee)

as well as through District government. This will be through training and technical assistance

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to ensure that all stakeholders involved discharge their different responsibilities effectively.

8. METHODS OF VALUING AFFECTED ASSETS

This chapter sets out the detailed requirements for determining the value of affected assets.

8.1 Types of compensation payments

Compensation for all land use and assets in kind or cash will be required for the

following:

• Land;

• Residential buildings, structures and fixtures;

• Cultivated crops (both cash and food crops) and trees; and

• Loss of businesses or employment.

• Other assets

• Utilities and services

It is essential that current market values are used to establish actual compensation. The

District Land Bureaus and PCT are to establish these rates as part of the preparation of each

project activity, using as a benchmark the rates prevailing – updated periodically - for other

government land acquisition schemes in that District.

Although the type of compensation will be the individual’s choice, compensation in kind is

preferred as cash payments raises issues regarding inflation and security. In addition,

provision of cash does not ensure that the PAP’s income will be restored. For payment of

compensation in-kind, the timing and alternative locations will have to be decided and agreed

upon by each recipient, in consultation with the Compensation and Resettlement Committee.

8.2 Valuation of Assets and National Law

According to Rwandan Expropriation Law, any expropriated assets are to be ‘justly’

compensated with valuation undertaken by an independent valuator. Given the immaturity of

the land and property markets, there is a likelihood of some inconsistencies in determining

‘just’ compensation. This RPF provides the basic principles for the valuation of assets as well

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as compensation entitlements. GLTFP project will need to determine appropriate unit cost

rates for each location. During consultation with the PAPs, the Project Liaison Officer (the

District Officer in charge of cross-border trade might play this role) will outline the available

options and their advantages to PAPs, to assist them to make informed decisions. Each district has

their own specific costs/value assigned to crops, trees, fruits, and construction material and

disturbance costs based on the market value. As the exact location of potential loss of assets

and dislocation is not known, each district will assess compensation based on their approved

valuation list.

8.3 Valuation procedure

The procedure to be followed during valuation of affected assets is as follows.

8.3.1 Use of Standard Valuation Tables

It is anticipated that a relatively large number of small-scale asset valuations will need to be

carried out during the course of the project. It would therefore be cumbersome and inefficient

to deploy an individual valuation expert in each and every case. A legally recognized

evaluation expert will be contracted by the PCT at the project outset to develop a standardized

procedure for asset valuation, which can then be applied by a project representative at the

local and/or district level. This will include crops, trees, fruits, and construction material and

disturbance costs based on the market value. This standardized procedure would include a

series of reference tables for estimating asset value by type according to the approximate size

and condition of the existing asset. The tables would be developed using legally acceptable

valuation procedures accepted by both the Government of Rwanda and World Bank for

purposes of fairness and consistency. The approach will consider replacement costs and types

and levels of compensation under the Rwanda law; provided however, that in case of inconsistency

with World Bank OP 4.12 the latter will prevail. Valuation of lost assets will be made at their

replacement cost without depreciation.

8.3.2 Preparation of Asset Inventory

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In order to prepare an inventory of assets for a sub-project, a field team will visit the affected

area to carry out an asset valuation survey. The team will be led by a project representative

and will include the Local Authorities at the various levels, and a representative of the PAPs.

During the survey, each asset will be enumerated and inscribed on an inventory and a

valuation of the asset carried out using the approach described above. The values of each asset

will then be recorded in a register and shown to the affected person for agreement. The

register will be signed and a copy given on the spot to the affected person. The document will

indicate when the affected person will be notified, and that the inventory will not be official

until a second signed copy, verified by project supervisory staff, is returned to the affected

person. At this time, a copy of the grievance procedure will also be given to the affected person as

stated in the grievance redress mechanism.

8.4 Methods of Compensation

Individual and household compensation will be made in cash, in kind, and/or through

assistance in the knowledge and presence of household members (both man and wife and

adult children where applicable). The type of compensation will be an individual choice

although every effort will be made to instill the importance and preference of accepting in

kind compensation if the loss amounts to more than 20% of the total loss of subsistence assets.

Table below describes the forms of compensation.

Table 2: Forms of compensation

FORMS OF COMPENSATION

Cash Payments Compensation will be calculated in Rwandese Francs. Rates

will be adjusted for inflation.

In-kind Compensation Compensation may include items such as land, houses, and

other buildings, building materials, seedlings, agricultural

inputs and financial credits for equipment.

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Resettlement and

Economic Rehabilitation

Assistance may include moving allowance, transportation

and labor

Compensation payments raises issues regarding inflation, security and timing that must be

considered. One purpose of providing in-kind compensation is to reduce inflationary pressure

on the cost of goods and services. Local inflation may still occur and thus market prices will be

monitored within the time period that compensation is being made to allow for adjustments in

compensation values. The issue of security, especially for people who will be receiving cash

compensation payments should to be addressed by the local administration. The time and

place for in-kind compensation payments will be decided upon by each recipient in

consultation with GLTFP and the District, and local administration. Monetary payments

should be paid at a time in relation to the seasonal calendar.

Local Banks and micro-finance institutions should work closely with the local administration

at this level to encourage the use of their facilities, which will positively impact the growth of the

local economies.

8.5 Valuation methods

8.5.1 Replacement Cost Approach

The replacement cost approach is based on the costs of replacing assets without depreciation..

These costs are taken as a minimum estimate of the value of measures that will be needed to

replace assets based on current market values. The approach involves direct replacement of

expropriated assets and covers an amount that is sufficient for asset replacement, moving expenses

and other transaction costs.

8.5.2 Gross Current Replacement Cost

Gross Current Replacement Cost (GCRC) is defined as the estimated cost of erecting a new

building having the same gross external area as that of the existing one, with the same site

works and services and on a similar piece of land.

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8.5.3 Other methods

Rates from Contractors: When rate schedules do not exist or are out of date, recent quotations by

contractors for similar types of construction in the vicinity of the project can be used for

calculating replacement costs. In projects offering the options of cash compensation or

alternative accommodation, the construction cost estimates for alternative accommodation

could be used for calculating cash compensation payable.

Schedule of rates from Ministry of Environment and Lands: The Construction Departments have a

schedule of rates for preparing estimates for construction projects, which the consultant can

use to assess costs for construction materials and labor. When applied to calculate replacement

cost, rates current for the period of actual replacement must be used.

8.6 Compensation Calculation for Assets

The following methods of calculation should be adopted for the preparation of the

aforementioned standardized asset valuation tables and/or the application of specific case by

case valuations in the case of projects that have significant impacts.

8.6.1 Compensation for Community Assets

Compensation will be provided for community assets identified through the socioeconomic

survey. In all cases these will be provided in kind and new facilities will be provided even if

there are existing facilities at the new location.

8.6.2 Compensation for Sacred Sites

This policy does not permit the use of land that is defined to be cultural property by the Bank’s

Safeguards OP 4.11. This includes sacred and genocide memorial sites including but not

restricted only to; museums, altars, initiation centers, ritual sites, tombs and cemeteries. It

includes other such sites or places/features that are accepted by local laws (including

customary), practice, tradition and culture as sacred. There has not been any land of this type

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in GLTFP sites

9. IMPLEMENTATION SCHEDULE, LINKING RESETTLEMENT IMPLEMENTATION

TO CIVIL WORKS

9.1 Overview

Before any project activity is implemented, PAPs will need to be compensated in accordance

with the Resettlement Action Plan (RAP), prepared pursuant to this Resettlement Policy

Framework. For activities involving land acquisition or loss, denial or restriction to access, it is

further required that these measures include provision of compensation and of other

assistance required for relocation prior to displacement and preparation of resettlement sites

with adequate facilities, where required. The taking of land and related assets may take place

only after compensation has been paid and where applicable, resettlement sites and moving

allowances have been provided to displaced persons. For project activities requiring relocation

or loss of shelter, the policy further requires that measures to assist the displaced persons are

implemented in accordance with the individual RAPs.

The measures to ensure compliance with this RPF will be included in the RAPs that will be

prepared for each land involving resettlement or compensation. The schedule for the

implementation of activities must be agreed to between the Resettlement Committee and the

PAPs. These include the target dates for start and completion of civil works, timetables for

transfers of completed civil works to PAPs, and dates of possession of land that PAPs are

using. The possession dates must be after transfer date for completed civil works to PAPs and

payments of all compensation. How these activities are linked to the implementation of the

overall project must also be agreed between the parties. The screening process must ensure

that RAPs contain acceptable measures that link resettlement activity to civil works in

compliance with this policy.

The timing mechanism of these measures would ensure that no individual or affected

household would be displaced (economically or physically) due to civil works activity before

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compensation is paid and resettlement sites with adequate facilities are prepared and

provided for to the individual or homestead affected. Once the RAP is approved by the local

and national authorities, the RAP should be sent to the World Bank for final review, approval

and disclosure.

9.2 Implementation schedule

The timing of the resettlement will be coordinated with the implementation of the main

investment component of the project requiring resettlement. All RAPs will include an

implementation schedule for each activity covering initial baseline and preparation, actual

relocation, and post relocation economic and social activities. The plan should include a target

date when the expected benefits for resettled persons and hosts would be achieved.

Arrangements for monitoring implementation of resettlement and evaluating its impact will

be developed during project preparation and used during supervision. Monitoring provides

both a warning system for project managers and a channel for resettled persons to make

known their needs and their reactions to resettlement execution. Environmental and Social

Impact Assessments, if deemed necessary through the application of the ESMF, will be

conducted parallel with the design of the activities, and will assess the number of PAPs and to

assess demand of needs of the displaced persons which could be housing, water, health

facilities and sanitation. Furthermore, once it becomes clear that land will have to be taken, a

census and socio-economic study will be undertaken, to form the basis for the preparation of

the RAP.

Target dates for achievement of expected benefits to resettled persons and hosts should be set

and the various forms of assistance to the resettled persons should be disseminated to them.

Planning and coordination of the tasks of the various actors is key to successful

implementation. To achieve this, workshops will be organized with the stakeholders and other

relevant government agencies, at project launching and at the commencement of every activity

identified to have adverse social impacts. The workshops will focus on (i) taking stock of the

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legal framework for compensation, (ii) settling institutional arrangements and mechanisms for

payment of compensation, (iii) defining tasks and responsibilities of each stakeholder and (iv)

establishing a work plan.

The stakeholders will be requested to participate in the decision making process and provide

inputs in the area of their expertise in order to establish a coherent work plan or schedule.

When GLTFP implementing agencies present their resettlement and compensation plans to the

PCT for approval, part of the screening process that PCT would use to approve RAPs would

be to confirm that the resettlement plans contain acceptable measures that link resettlement

activity to civil works in compliance with this policy.

The timing mechanism of these measures would ensure that no individual or affected

household would be displaced (economically or physically) due to civil works activity before

compensation is paid and resettlement sites with adequate facilities are prepared and

provided for to the individual or homestead affected. Once the resettlement plan is approved

by the local and national authorities, the resettlement plan should be sent to the World Bank for

final review and approval.

10. GRIEVANCES REDRESS MECHANISMS

Grievance procedures are required to ensure that PAPs are able to lodge complaints or

concerns, without cost, and with the assurance of a timely and satisfactory resolution of the

issue. The procedures also ensure that the entitlements are effectively transferred to the

intended beneficiaries. Stakeholders will be informed of the intention to implement the

grievance mechanism, and the procedure will be communicated at the time that the RAPs are

finalized.

Grievances may arise from members of communities who are dissatisfied with (i) the

eligibility criteria, (ii) community planning and resettlement measures, or (iii) actual

implementation. This chapter sets out the measures to be used to manage grievances.

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10.1 Overview

A key element of resettlement activities will be the development and implementation of a

grievance mechanism. Grievances will be actively managed and tracked to ensure that

appropriate resolution and actions are taken. A clear time schedule will be defined for

resolving grievances, ensuring that they are addressed in an appropriate and timely manner,

with corrective actions being implemented if appropriate and the complainant being informed

of the outcome. The grievance procedure will be simple and will be administered as far as

possible, at activity site level by the Grievance and Redress Committee to facilitate access by

PAPs.

The grievance procedure does not replace existing legal processes. Based on consensus, the

procedures will seek to resolve issues quickly in order to expedite the receipt of entitlements,

without resorting to expensive and time-consuming legal actions. If the grievance procedure

fails to provide a result, complainants can still seek legal redress. The overall process of grievance

is as follows:

1. During the initial stages of the valuation process, the affected persons will be given

copies of grievance procedures as a guide on how to handle the grievances.

2. The process of grievance redress will start with registration of the grievances to be

addressed for reference, and to enable progress updates of the cases.

3. The project will use a local mechanism, which includes resettlement committees, peers

and local leaders of the affected people. These will ensure equity across cases, eliminate

nuisance claims and satisfy legitimate claimants at low cost.

4. The response time will depend on the issue to be addressed but it should be addressed

with efficiency.

5. Compensation will be paid to individual PAPs only after a written consent of the PAPs,

including both husband and wife.

10.2 Grievance redress process

At the time that the individual resettlement plans are approved and individual compensation

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contracts are signed, affected individuals and homesteads will have been informed of the

process for expressing dissatisfaction and to seek redress. The grievance procedure will be

simple and administered as far as possible at the local levels to facilitate access, flexibility and

ensure transparency.

All the grievances will be channeled via the Grievance and Redress Committee and

Compensation Committee for each activity at the sector level. The composition of the

Grievance and Redress Committee will be coordinated by the District Land Commission

(probably District Officer in charge of cross-border trade might be associated) in agreement

with District Development Committee. This committee upon receiving any grievances will

first forward them to the village-level mediators (abunzi) whose work is to hear disputes,

especially land disputes. The abunzi, or mediation committees, have mandatory jurisdiction

over land disputes involving amounts less than three million RwF, which means over most

land disputes.

Those seeking redress and wishing to state grievances would do so by notifying their the

appropriate authority as described above, who will in turn inform and consult with GLTFP

implementing agencies, MINICOM, homestead/household representatives and leaders and

other records to determine a claims validity. Handling grievances will begin with the local

level institutions (Abunzi, Sector or cell level land committees) as the first stop before

resorting to District Grievance and Redress Committee, PCT, and finally if not satisfied the

Rwanda Courts of Law as the last resort.

If a complaint pattern emerges, GLTFP implementing agency, the district, with the local

leaders will discuss possible remediation. The local leaders will be required to give advice

concerning the need for revisions to procedures. Once they agree on necessary and

appropriate changes, then a written description of the changed process will be made. GLTFP

implementing agency, the district, local leaders and PAPs’ representatives will be responsible

for communicating any changes to future potential PAPs when the consultation process with them

begins.

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10.3 Management of Reported Grievances

The affected person should file his/ her grievance, relating to any issue associated with the

resettlement process or compensation, in writing to the lower level leader/ Village leader and

or mediators. These will first seek remediation with GLTFP implementing agencies and refer

to Grievance and Redress Committee when necessary.

The Grievance Redress Committee will also follow-up and check all grievances including valid

but unreported grievance cases.

10.4 Grievance Log

The Project implementing agencies will record all grievance cases. They will ensure that each

complaint has an individual reference number, and is appropriately tracked and recorded

actions are completed. The log also contains a record of the person responsible for an

individual complaint, and records dates for the following events:

• Date the complaint was reported;

• Date the Grievance Log was uploaded onto the project database;

• Date information on proposed corrective action sent to complainant (if appropriate);

• The date the complaint was closed out; and

• Date response was sent to complainant.

10.5 Monitoring Complaints

The Project implementing agencies will be responsible for:

Providing the Grievance and Redress Committee with a weekly report detailing the

number and status of complaints;

Any outstanding issues to be addressed; and

Monthly reports, including analysis of the type of complaints, levels of complaints,

actions to reduce complaints and initiator of such actions.

11. RPF IMPLEMENTATION FUNDING

In the case of GLTFP, any required physical and/or economic resettlement will be financed

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through counterpart funds from the Government of Rwanda. At this stage, it is not possible to

estimate the exact number of people who may be affected since the related final decisions have

not yet reached. It is therefore not possible to provide an precise budget for the total cost of

resettlement that may be associated with implementation of GLTFP. However, after the

conclusion of the site specific socio-economic study, information on specific impacts,

individual and household incomes and numbers of affected people and other demographic

data will be available, a detailed and accurate budget for each RAP will be prepared.

12. MECHANISM FOR CONSULTATIONS AND PARTICIPATION OF AFFECTED

PERSONS IN PLANNING, IMPLEMENTATION AND MONITORING

This section highlights the need for stakeholder consultation as a critical process in

expropriation in order to listen to the views, ideas and concerns of potential PAPs in the

proposed site. It further outlines the process for consultation including possible methods of

engaging the stakeholders.

12.1 Overview

The involvement of involuntary resettled persons and hosts in planning prior to the move is

critical and initial resistance to the idea of involuntary resettlement is expected. To obtain

cooperation, participation and feedback, the resettled persons and hosts will be systematically

informed and consulted during preparation of the resettlement plan about their options and

rights. They will also be able to choose from a number of acceptable resettlement alternatives.

Particular attention will be given to vulnerable groups such as the landless, and women to

ensure that they are represented adequately in such arrangements.

The plan will address and mitigate the resettlement’s impact on host populations who should

be informed and consulted. Any payments due to the hosts for land or other assets provided

to resettled persons should be promptly made. Conflicts between hosts and resettled persons

may develop as increased demands are placed on land, water, forests, services etc., or if the

resettled persons are provided services and housing superior to that of the hosts.

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Public consultation and participation are essential because they afford potential PAPs the

opportunity to contribute to both the design and implementation of the project activities and

reduce the likelihood for conflicts between and among PAPs and GLTFP. The way land

administration is undertaken in Rwanda today based on long standing traditional and cultural

practices makes public consultation with the rural communities, indispensable. Effective and

close consultation with PAPs is a pre-requisite for project success. In recognition of this, particular

attention would be paid to public consultation with potentially affected individuals/ households/

homesteads when resettlement and compensation concerns are involved.

Public consultation will take place at the inception of the planning stages when the potential

land areas are being considered. The participation strategy would evolve around the provision

of a full opportunity for involvement. Therefore, as a matter of strategy, public consultation

would be an on-going activity taking place throughout the entire project cycle. For example,

public consultation would also occur during the preparation of the (i) the socio-economic

study, (ii) the resettlement and compensation plan (iv) the environmental impact assessment

and (v) during the drafting and reading of the compensation contract.

Public participation and consultation would take place through meetings, radio programs,

request for written proposals/comments, filling in of questionnaires/application forms, public

readings and explanations of project ideas and requirements, making public documents

available at the national, local and homestead levels at suitable locations like the official

residences/offices of local elders. These measures would take into account the low literacy

levels prevalent in these rural communities by allowing enough time for responses and

feedback.

Notwithstanding, the best guarantor for public interest are the village leaders who are

responsible members of their local communities and can inadvertently be part of the

potentially displaced (economically or physically) individuals/households either in part or in

whole.

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Monitoring of this process would be through the village/umudugudu leaders as part of the

individual resettlement and compensation plans and overall the monitoring and evaluation

mechanism of the entire project. This requirement is line with the Bank policy on disclosure.

12.3 Implementation operation

Before implementation, the PAPs will be informed about their rights and options, at which

point they will air their views.

12.4 Monitoring and Evaluation phase

The PAPs representatives will participate in the project completion workshops, to give their

evaluation of the impacts of the project. They will also suggest corrective measures, which

may be used to improve implementation of other activities. After completion of all

expropriation/compensation operations, the PAPs will be consulted in a household survey to be

undertaken as a monitoring and evaluation exercise.

13. ARRANGEMENTS FOR MONITORING AND EVALUATION

This chapter sets out requirements for the monitoring of the implementation of the RPF. In

addition, monitoring of social indicators will be mainstreamed into the overall monitoring and

evaluation system for all the sub projects.

13.1 Overview

It is important that the objective of the Policy on Involuntary Resettlement is achieved and

therefore monitoring whether the project affected people have had their livelihoods restored

to levels prior to project or improved is critical.

The arrangements for monitoring will fit the overall monitoring plan of the entire GLTFP,

which will be through the Ministry of Trade and Industry and GLTFP. All RAPs will set major

socio-economic goals by which to evaluate their success which will include (i) affected

individuals, households, and communities being able to maintain their pre- project standard

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of living, and even improve on it, (ii) the local communities remaining supportive of the

project and (iii) the absence or prevalence of conflicts. In order to assess whether these goals

are met, RAPs will indicate parameters to be monitored, institute monitoring milestones and

provide resources necessary to carry out the monitoring activities. The PCT will institute an

administrative reporting system that will:

Provide timely information about all resettlement arising as a result of GLTFP activities;

Identify any grievances that have not been resolved at a local level and require

resolution through the involvement of the PCT;

Document the timely completion of project resettlement obligations for all permanent

and temporary losses;

Evaluate whether all PAPs have been compensated in accordance with the

requirements of this RPF and that PAPs have higher living standards in comparison to

their living standards before physical or economic displacement.

Alert project authorities to the necessity for land acquisition in GLTFP’s planned

activities

Consistent with the Environmental and Social Management Framework, GLTFP and

MINICOM together with GLTFP implementing agencies would be responsible for periodically

transferring the information compiled “on the ground” to the MINICOM and other concerned

institutions so that they are alerted in a timely manner to any difficulties arising at the local

level.

The objective will be to make a final evaluation in order to determine:

• If affected people have been paid in full and before implementation of GLTFP’s activity

that is causing resettlement,

• If the people who were affected by GLTFP/project activities have been affected in such a

way that they are now living a higher standard than before, living at the same standard

as before, or are they actually poorer than before.

A number of indicators would be used in order to determine the status of affected people

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(land being used compared to before, standard of house compared to before, level of

participation in project activities compared to before, how many kids in school compared to

before, health standards, etc.). Therefore, the resettlement and compensation plans will set

socio-economic goals by which to evaluate its success:

• Affected individuals, households, and communities are able to maintain their Pre-

project standard of living, and even improve on it;

• The local communities remain supportive of the project.

• The absence or prevalence of conflicts

13.2 Indicators to Determine the Status of Affected People

A number of indicators would be used in order to determine the status of affected people

(land being used compared to before, standard of house compared to before, level of

participation in project activities compared to before, how many kids in school compared to

before, health standards, etc.). Therefore, the resettlement and compensation plans will set two

major socio-economic goals by which to evaluate its success:

• Affected individuals, households, and communities are able to maintain their pre-

project standard of living, and even improve on it; and

• The local communities remain supportive of the project.

• Specific indicators may include the following, which would indicate a change in:

• yield/ produce quantity/quality from farming

• Access/ distance/ quality of agricultural plots

• Quality of, and access to, water

• Yield/ produce quantity/quality from livestock

• Number of people employed

• Number of people with agricultural plots

• Number of ‘vulnerable’ people

• Source of income

• Expenditure patterns (food for livestock, travel etc.)

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Most of the information for these indicators will be gathered through the survey. The

information for these indicators should be collated at regular intervals (e.g., quarterly or half

yearly depending on circumstances) and compared over time. The pre-project Census

information should provide most, if not all of the required information to set a baseline against

which performance can be tracked.

13.3 Indicators to Measure RAP Performance

In order to access whether these goals are met, the resettlement and compensation plans will

indicate parameters to be monitored, institute monitoring milestones and provide resources

necessary to carry out the monitoring activities. The following provides a list of potential

indicators for monitoring, which assess the change in the following for those who have been

resettled:

In terms of the resettlement process, the following indicators could be used to understand the

success of the measures identified and the working of the relevant parties in the implementation

of the RAP:

• Percentage of individuals selecting cash or a combination of cash and in-kind

compensation;

• The number of contentious cases as a percentage of the total cases;

• The number of grievances and time and quality of resolution;

• The ability of individuals and families to re-establish their pre- displacement activities

land and crops or other alternative incomes;

• Agricultural productivity of new lands;

• Number of impacted locals employed by the civil works contractors;

• Seasonal or inter-annual fluctuation on key foodstuffs; and

• General relations between the project and the local communities.

These will be determined through the following activities:

• Questionnaire data will be entered into a database for comparative analysis at all levels

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of local government;

• Each individual will have a compensation dossier recording his or her initial situation,

all subsequent project use of assets/improvements, and compensation agreed upon and

received;

• The District authorities will maintain a complete database on every individual

impacted by the sub-project land use requirements including

• Relocation/resettlement and compensation, land impacts or damages; and the PCT

should prepare Resettlement Completion Reports for each RAP, in addition to other

regular monitoring reports

It is the responsibility of the District authorities to document information ideally integrated

into existing databases. The District authorities will need to design a robust reporting system

at the beginning of the project to ensure that these data are collated at appropriate intervals

and in sufficient quantity and quality.

The Resettlement and Compensation Committee will facilitate coordination of information

collation activities (such as surveys, supervising documentation) in accordance with

procedures put in place. The PCT will provide training, technical support and funding to

ensure that this happens.

In order to assess whether these goals are met, the resettlement and compensation plans will

indicate parameters to be monitored, institute monitoring milestones and provide resources

necessary to carry out the monitoring activities. The following parameters and verifiable

indicators will be used to measure the resettlement and compensation plans’ performance:

• Questionnaire data will be entered into a database for comparative analysis at all levels

of Government,

• Each individual will have a compensation signed dossier recording his or her initial

situation, all subsequent program use of assets/improvements, and compensation

agreed upon and received.

• GLTFP will maintain a complete database on every individual impacted by the project

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land use requirements including relocation/resettlement and compensation, land

impacts or damages

• Percentage of individuals selecting cash or a combination of cash and in-kind

compensation,

• Proposed use of payments,

• The number of contention cases out of the total cases,

• The number of grievances and time and quality of resolution,

• Ability of individuals and families to re-establish their pre- displacement activities, land

and crops or other alternative incomes

• Pastoral and Agricultural productivity of new lands,

• Number of impacted locals employed by the GLTFP’s civil works contractors,

• Seasonal or inter annual fluctuation on key foodstuffs,

• General relations between the project, GLTFP and the local communities,

13.4 Monitoring of RPF Implementation

Local Government Authorities at the District will assist in compiling basic information on

all physical or economic displacement arising from the project, and convey this information

to the PCT, on a quarterly basis. They will compile the following statistics:

(a) Number of project activities requiring preparation of a RAP;

(b) Number of households and individuals physically or economically displaced by each

sub-project;

(c) Length of time from activities’ identification to payment of compensation to PAPs;

(d) Timing of compensation in relation to commencement of physical works;

(e) Amount of compensation paid to each PAP household (if in cash), or the nature of

compensation (if in kind);

(f) Number of people raising grievances in relation to each project activity;

(g) Number of unresolved grievances.

The PCT will scrutinize these statistics in order to determine whether the resettlement

planning arrangements as set out in this RPF are being adhered to. They will alert the

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Project Coordinator, and the MINICOM, if there appears to be any discrepancies. The PCT

will directly monitor compensation and loss of wages. Financial records will be maintained

by implementing agencies and the PCT, to permit calculation of the final cost of

resettlement and compensation per individual or household. The statistics will also be

provided to an independent consultant that will be contracted on an annual basis. The

following indicators will be used to monitor implementation of the RPF.

Verifiable indicators

Monitoring Evaluation

Outstanding compensation contracts not

completed before next agricultural season

Outstanding individual compensation or

resettlement contracts

Agencies unable to settle compensation after

two years

Outstanding compensation contracts

Grievances recognized as legitimate out of

all complaints lodged

All legitimate grievances rectified

Pre-project production and income (year

before land used) versus present production

and income

of resettled persons, etc.

Affected individuals and/or households

compensated/resettled in first year who have

maintained their previous standard of living

at final evaluation

Pre-project production versus present

production( crops for crops, land for land)

Equal or improved production per effected

household/homestead

Financial records will be maintained by GLTFP, the District and local leaders and the

MINICOM, to permit calculation of the final cost of resettlement and compensation per

individual or household.

13.4.1 Storage of PAPs Details

Each PAP household will be provided with a signed report recording his or her initial

situation, all subsequent project use of assets and compensation agreed upon and received.

At the same time, before compensation all household heads representing the PAPs will be

required to provide passport size photographs. The Local Authority and PCT will maintain

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a complete database on every individual impacted by the project land use requirements

including relocation, resettlement and compensation, land impacts or damages.

Each recipient of compensation will have a record containing individual bio-data, number

of household dependents and amount of land available to the individual or household

when the report is opened. Additional information to be acquired for individuals eligible for

resettlement and/or compensation include the level of income and of production, inventory

of material assets and improvements in land and debts.

Each time land is used by a sub-project; the report will be updated to determine if the

individual or household is being affected to the point of economic non-viability and

eligibility for compensation or its alternatives. These reports will provide the foundation for

monitoring and evaluation, as well as documentation of compensation agreed to, received,

and signed for.

It is normal that some compensation procedures and rates may require revision at some

time during the project/program cycle. GLTFP, MINICOM, and District Administration will

implement changes through the Change Management Process in the Monitoring and

Evaluation manuals of the project (PIM or Project Implementation Manual), which will

require feedback on indicators monitored by the local governments to determine whether

goals are being met, and a grievance procedure for the local community to express

dissatisfaction about implementation of compensation and resettlement.

This framework is suggesting that MINICOM is responsible for the whole M&E component

of the project. This would take the form of giving the mandate to carry out independent

monitoring of the implementation of the resettlement and compensation plans at periodic

intervals of quarterly or half yearly (as circumstances dictate) during the project life. The

report would then be sent to the MINICOM, MINIRENA, the World Bank and GLTFP and

become part of the official documents of the project.

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13.4.2 Annual Audit

The annual audit of RPF implementation will include (i) a summary of the performance of

each sub-project vis-à-vis its RAP, (ii) a summary of compliance and progress in

implementation of the process and (iii) a presentation of compliance and progress in the

implementation of the RPF. The audit will verify results of internal monitoring and assess

whether resettlement objectives have been met irrespective of whether livelihood and living

standards have been restored or enhanced. The audit will also assess the resettlement

efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement

activities and recommending corrections in the implementation. Finally, the audit will

ascertain whether the resettlement entitlements were appropriate to meeting the objectives

and whether the objectives were suited to PAPs conditions. Annual audit reports will be

submitted for scrutiny to the World Bank.

13.4.3 Socio-economic monitoring

The purpose of socio-economic monitoring is to ensure that PAPs are compensated on time

and their livelihoods are restored and improved. During implementation of each activity

RAP; an assessment will be undertaken on payment of compensation, restoration of

incomes, and delivery of resettlement objectives. Monitoring of living standards will

continue following resettlement. A number of indicators will be used to determine the

status of affected people and appropriate parameters and verifiable indicators will be used

to measure the resettlement and compensation plans performance. For each activity with

adverse social impacts, a monitoring and evaluation plan of the mitigation measures will be

established. As part of the preparation of each RAP, a household survey will be conducted

of all PAPs, prior to physical or economic displacement, and this will provide baseline data

against which to monitor the performance of the RAP.

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REFERENCES

1. Environmental and Social Management Framework (ESMF), Great Lakes Trade

Facilitation Project (GLTFP)

2. Government of Rwanda, 2004, National Land Policy, MINITERE.

3. Great Lakes Trade Facilitation Project (GLTFP Documents

4. Organic Law N° 03/2013/OL of 16/06/2013 determining the use and management of

land in Rwanda

5. World Bank Involuntary Resettlement Operational Policy OP 4.12

6. World Bank, (2005), Environmental and Social Framework for World Bank Projects

with Multiple Small‐scale subprojects. Africa Region.

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ANNEX 1: GLOSSARY OF TERMS

Unless the context dictates otherwise, the following terms will have the following

meanings:

"Project affected persons" (PAPs) means persons who, for reasons of the involuntary

taking of their land and other assets under the project, result in direct economic and or

social adverse impacts, regardless of whether or not the said PAP physically relocate.

These people may have their:

Standard of living adversely affected, whether or not the PAP must move to another

location;

Right, title, investment in any house, land (including premises, agricultural and grazing

land) or any other fixed or movable asset temporarily or permanently possessed or

adversely affected;

Access to productive assets temporarily or permanently adversely affected; or

Business, occupation, work or place of residence or habitat adversely affected.

Cost of any registration and transfer taxes.

"Involuntary resettlement" means the involuntary taking of land resulting in direct or

indirect economic and social impacts caused by:

a) Loss of benefits from use of such land;

b) Relocation or loss of shelter;

c) Loss of assets or access to assets; or

d) Loss of income sources or means of livelihood, whether or not the PAP has moved to

another location.

"Cut-off date" is the date of commencement of the census of PAPs within the project

area boundaries (including unidentified owners). Beyond this date, any person not

included in the census who lays claim to land or assets affected by the project (which they

did not own before the cut-off date) will not be eligible for compensation.

"Compensation" means the payment in kind, cash or other assets given in exchange for

the taking of land, loss of other types of assets (including fixed assets) or loss of

livelihoods resulting from project activities.

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"Census" is a complete count of the population affected by a project activity including

collation of demographic and property information. This will identify and determine the

number of Project Affected Persons (PAP) and the nature and levels of impact.

"Involuntary Land Acquisition" is the taking of land by government or other

government agencies for compensation, for the purposes of a public project against the

will of the landowner. The landowner may be left with the right to negotiate the amount

of compensation proposed. This includes land or assets for which the owner enjoys

uncontested customary rights.

"Resettlement Action Plan (RAP)"is a resettlement instrument (document) to be prepared

when subproject locations are identified. Land acquisition leads to physical displacement

of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction

of access to economic resources. RAPs are prepared by the party impacting on the people

and their livelihoods. RAPs contain specific and legally binding requirements to be abided

by to resettle and compensate the affected party before implementation of the project

activities causing adverse impacts.

"Resettlement Assistance" means the measures to ensure that project affected persons

who may require to be physically relocated are provided with assistance such as moving

allowances, residential housing or rentals whichever is feasible and as required, for ease of

resettlement during relocation,

"Replacement cost for houses and other structures" means the prevailing cost of replacing

affected structures, in an area and of the quality similar to or better than that of the

affected structures. Such costs will include: (a) transporting building materials to the

construction site; (b) any labor and contractors' fees; and (c) any registration costs.

"Land" refers to agricultural and/or non-agricultural land whether temporary or

permanent and which may be required for the Project.

"Land acquisition" means the taking of or alienation of land, buildings or other assets

thereon for purposes of the Project under eminent domain.

"Economic Rehabilitation Assistance" means the provision of development assistance in

addition to compensation such as land preparation, credit facilities, training, or job

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opportunities, needed to enable PAPs to improve their living standards, income

earning capacity and production levels; or at least maintain them at pre-project levels.

"The Resettlement Policy Framework (RPF) is an instrument to be used throughout the

project implementation. The RPF sets out the resettlement objectives and principles,

organizational arrangements and funding mechanisms for any resettlement, that may be

occur during implementation. The RPF guides the preparation of Resettlement Action

Plans of individual sub-projects in order to meet the needs of the people who may be

affected by the project. The Resettlement Action Plans (RAPs) for G L T F P will

therefore be prepared in conformity with the provisions of this RPF.

"Replacement cost" means replacement of assets with an amount sufficient to cover

full cost of lost assets and related transaction costs. The cost is to be based on Market

rate (commercial rate) according to Rwanda law for sale of land or property. In terms

of land, this may be categorized as follows; (a) "Replacement cost for agricultural land"

means the pre- GLTFP program or pre-displacement, whichever is higher, market value

of land of equal productive potential or use located in the vicinity of the affected land,

plus the costs of: (b) preparing the land to levels similar to those of the affected land; and

(c) any registration and transfer taxes.

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ANNEX 2: SUMMARY OF CONSULTATIONS

Consultations on the project were conducted via a series of interviews and meetings with officials and focus group

discussions with local residents over the period from March 13, 2015 to March 27, 2015. These discussions involved an

explanation of the project objectives and design, including anticipated environmental and social impacts and their

mitigation.

Feedback received showed eagerness of people to have the project started. Their questions were basically related to what the

project will do, how it will benefit people and how it will affect them. They also wanted to know what is expected from

them. However, participants did not focus on potential environmental impacts though they expressed that they hope that

environmental issues will be taken into consideration.

Participants mentioned a few issues that they said should be taken into consideration such as air and water pollution,

nuisance, noise and contamination, land use, income generation, mobility and community association that they said they

suspect might result from construction work. In addition, they expressed that given the terrain of the proposed locations for

Cross-Border Market activities (sloping hills), there should be mechanisms to guard against Potential Land degradation,

Potential soil erosion, Instances of pollution, minor cases of Deforestation and probably minor cases of over-fishing (since

one of the market will be at the shores of the lake with already fishing activities nearby).

People took their time to show that they are seriously waiting for cross-border trade facilities since most of their livelihoods

are centered on cross-border trade. Many participants noted the need for the project to ensure that any land-taking processes

involve the affected people in determining appropriate compensation and payment of compensation before resettlement.

Participants were assured that these were included within the project design. Participants promised their cooperation in

project activities because they understand their importance. They however requested to be associated in all stages of

implementation of the project.

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A summary of comments is provided below, and following that, a list of the consultation meeting

participants and dates.

Date Consulted person Number Consultation

Type

Points raised Suggestions

09/03/2015 MINICOM Officer 1 Personal

Interview

Issues of cross-border trade

GLTFP Description

• Cross-border activities need to be supported if we are to help our

people grow economically

• GLTFP needs to build from existing initiatives

• No intention to move people

09/03/2015 MININFRA Officer 1 Personal

Interview

GLTFP will not cause a lot of impacts

to the environment and society.

Only one Component, Component 1

might result in minor issues

• People at the border seriously need proper cross-border trade

infrastructure

•This will have a lot of positive impacts on their lives

• People need to be mobilised and associated to have all their issues

addressed

10/03/2015 REMA Officer 1 Phone

Personal

Interview

GLTFP and environmental policies

and guidelines

• GLTFP is a very beneficial project. Rwandans in general and people at

Rwanda-DRC border in particular will benefit a lot. However, GLTFP

needs to respect environmental policies and guidelines (Rwanda &

World Bank) because any sustainable development initiative needs to be

in keeping with the environment. 11/03/2015 RCAA Officer 1 Personal

interview

GLTFP will support activities related

to the rehabilitation of Kamembe

Airport (enlargement, equipment,

lighting and fencing)

• Transport is very important in cross-border trade development

• Kamembe International Airport receives planes from DRC and Burundi

but has a lot of challenges

• Imagine an International Airport which cannot receive planes in the

night, just because of lighting

• This airport needs to be rehabilitated

• Activities started but need to be supported. There are no intentions to

move people but probably minors issues may occur in the process

13/03/2015 Head, Kamembe

International Airport

1 Personal

interview

Not many people will be affected by

the rehabilitation of Kamembe

International Airport

• Just two runways, equipment, lighting and fencing

• Given the importance of the Airport in cross-border trade in the Great

Lakes Region, these activities merit to be supported

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14/03/2015 Investment Officer

(Cross-border trade)

Nyamasheke District

1 Discussion

on phone

Personal

Nyamasheke Cross-border site

Activities initiated but efforts limited

• There used to be a cross-border market but got closed due to

insecurity

• People very much eager to have it back

• With the support of the District, a private investor started activities

but efforts became limited

• People are eager to have the market in place

• They have ever tasted a similar market in the past that is why they are

eagerly waiting for it

14/03/2015 Nyamasheke

Residents

29 Group

discussion

People seriously need the market

Ready to cooperate in the

implementation

• Activities should get started very soon

• People should be involved in the process

• They have some knowledge about safeguarding natural resources as

they environ Lake Kivu but feel that while relocating, even people

who are said to be in 50 meters to the lake should be thought about

• Project should think of activities with long lasting impact at least in

their area of operation

14/03/2015 Investment Officer

(cross-border trade)

Rusizi District

1 Personal

interview

Rusizi Cross-border market place:

District encouraged traders to put

their efforts together

Good neighbourhood between

Rwandans and Congolese

• There is a need to give GLTFP a priority because people in the region

benefit a lot in cross-border activities

• When people have to be relocated, they need to be consulted and be

allowed to discuss compensation.

• Efforts already used by traders need to be supported

14/03/2015 Rusizi residents 7 Group

discussion

Resettlement Policy:

Readiness to be resettled

• Communication needs to be given a priority while approaching

people. People should participate in determining the value of their

properties. They should also participate in determining the needed

compensation.

• When projects move people they only concentrate on those that are

moved and forget that there could be some people who are not

moved but who were depending on the ones moved

• They hope activities will be in keeping with the environment

14/03/2015 Rusizi Cross-border

traders

15 Group

discussion

Traders need support for their efforts • Activities should start very soon

• People should not be told to move before they are compensated.

• Environmental issues need to be properly thought about to avoid

problems in the future since the proposed place in on sloping hill.

14/03/2015 Rusizi Commercial

building owners

6 Group

discussion

People ready to be resettled • We need to be given alternatives.

• We need lasting and fair solutions. In cases of relocation, there should

be people to redress grievances who are not the ones in charge of

relocating people

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15/03/2015 Executive Secretary

Kamashangi Cell

1 Personal

Interview

People got told in the past that they

will be relocated and they waited

until they got tired

• There should be agreement, collaboration and consultation among

institutions dealing with environment and natural resources.

• Projects should think of long lasting impact.

19/03/2015 Mucyamo Village

Leader

1 Personal

Interview

People are not yet clear about who

will be concerned and who will not.

There have been different sessions

about leaders but not yet sure

• There is a need for clear communication and clear information.

Sometimes, people are given wrong information and this might make

them turn against project activities

• People need to be associated in establishing the needs and how they

can be met.

19/03/2015 Badura Village Leader 1 Personal

Interview

Activities on Kamembe International

Airport

• Local leaders, opinion leaders, traders, churches, schools, farmers, etc.,

need to be mobilized. This can help to avoid wrong impression that

people might develop. For example some leaders came and made a list

of people they said were to be moved but people waited but in vain

• There is a need to first get people’s trust

23/03/2015 Farmers leasing

Kamembe Airport

Land

26 Focus Group

Discussion

Some people live by farming Airport

land

• Although people using land leased from the Airport do not claim any

ownership over that land, they wish they could get other sources of

livelihood since they were depending on that land

List of participants in consultations:

I. Kamembe International Airport (Rusizi District)

No. Name Function

1 Léon NKURUNZIZA Head, Kamembe International Airport

2 Adidja KAVUMBI Executive Secretary, Kamashangi Cell

3 Elias MACUMI Leader, Mucyamo Village

4 Saidi UWIHOREYE Leader, Badura Village

Note: The consultant also talked to a group of 26 farmers who were cultivating the land leased

from Kamembe Airport. These did not want to reveal their names.

II. Nyamasheke Cross-border Market

No. Name Function

1 Fotide RUCAKATSI District Officer in charge of investment

promotion and cross-border trade

2 Pierre Celestin HABIYAREMYE Executive Secretary, Nyamasheke District

3 Japhet MANIRARUTA Rwamiko Resident

4 Marguerite MUREKATETE Rwamiko Resident

5 Elias BIZIMUNGU Rwamiko Resident

6 Elias NTAMUBANO Rwamilko Resident

7 Innocent NSENGIYUMVA Rwamiko Resident

8 André SIBOMANA Rwamiko Resident

9 Edison NDAGIJIMANA Rwamiko Resident

10 Emmanuel AHISHAKIYE Rwamiko Resident

11 Innocent NGIRINSHUTI Rwamiko Resident

12 Thamar MUSABYIMANA Rwamiko Resident

13 Pierre MUNYAMPETA Rwamiko Resident

14 Faustin UGIRASHEBUJA Rwamiko Resident

15 Aphrodice SIKUBWABO Rwamiko Resident

16 Jonas KAREGEYA Rwamiko Resident

17 Vérédiane MUKANKUBANA Rwamiko Resident

18 Félicité MUKAMPAMIJE Rwamiko Resident

19 Eliab KAREKEZI Rwamiko Resident

20 Damascène SEBERA Rwamiko Resident

21 Agnes MUKANTAGWABIRA Rwamiko Resident

22 Jonathan MUSABYIMANA Rwamiko Resident

23 Agnes NYIRANSABIMANA Rwamiko Resident

24 Ezekiel NZIHONGA Rwamiko Resident

25 Vérène NIYOYITA Rwamiko Resident

26 Simeon MUKERANKIKO Rwamiko Resident

27 Jonas KABANO Rwamiko Resident

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28 Jonathan KAGEYO Rwamiko Resident

29 Béline NYIRANGIRUWONSANGA Rwamiko Resident

.

III. Rusizi Cross-border Market

No. Name Function

1 Jean Luc NSABAYEZU District Cooperatives Officer

2 Innocent CYIZA Rusizi Resident

3 NTABUDAKEBA Rusizi Resident

4 Jean Bosco RWANGANO Rusizi Resident

5 Laurence MUKABANA Rusizi Resident

6 Binjamin MUDASUBIRA Rusizi Resident

7 Annonciata NYIRANZEYIMANA Rusizi Resident

Note: The consultant also talked to a group of 15 traders who were selling some goods (mainly

food items) in part of the market (outside existing commercial houses). These did not allow

recording their names.

IV. In addition to the people on the above list, the consultant consulted officers from

institutions such as Ministry of Trade and Industry (MINICOM), Ministry of Finance,

Ministry of Infrastructure, Immigration Office, Ministry of Agriculture, Rwanda Revenue

Authority, Rwanda Transport Development Agency (RTDA), and Rwanda Civil Aviation

Authority (RCAA).

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ANNEX 3: WORLD BANK RESETTLEMENT POLICY FRAMEWORK

[Excerpt from the World Bank OP4.12 Involuntary Resettlement, Revised April 2004]

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment

of the subject. OP 4.12 (Revised April 2004) applies only to projects that are governed by OP / BP

6.00, Bank Financing - that is, those in countries with approved country financing parameters.

Other operational policy statements governing Bank financing that have been amended to reflect

OP/BP 6.00 also apply to these projects.

Projects in countries without approved country financing parameters continue to be subject to other

operational policy statements governing Bank financing.

Resettlement Policy Framework

For sector investment operations that may involve involuntary resettlement, the Bank

requires that the project implementing agency screen subprojects to be financed by the Bank

to ensure their consistency with this OP. For these operations, the borrower submits, prior to

appraisal, a resettlement policy framework that conforms to this policy (see Annex A,

paragraphs 23-25). The framework also estimates, to the extent feasible, the total population

to be displaced, and the overall resettlement costs.

For financial intermediary operations that may involve involuntary resettlement, the Bank

requires that the financial intermediary (FI) screen subprojects to be financed by the Bank to

ensure their consistency with this OP. For these operations, the Bank requires that before

appraisal the borrower or the FI submit to the Bank a resettlement policy framework

conforming to this policy (see Annex A, paragraphs 23-25). In addition, the framework

includes an assessment of the institutional capacity and procedures of each of the FIs that

will be responsible for subproject financing. When, in the assessment of the Bank, no

resettlement is envisaged in the subprojects to be financed by the FI, a resettlement policy

framework is not required. Instead, the legal agreements specify the obligation of the FIs to

obtain from the potential sub-borrowers a resettlement plan consistent with this policy if a

subproject gives rise to resettlement. For all subprojects involving resettlement, the

resettlement plan is provided to the Bank for approval before the subproject is accepted for

Bank financing.

For other Bank-assisted project with multiple subprojects (See Annex A, paragraph 26) that

may involve involuntary resettlement, the Bank requires that a draft resettlement plan

conforming to this policy be submitted to the Bank before appraisal of the project unless,

because of the nature and design of the project or of a specific subproject or subprojects (a)

the zone of impact of subprojects cannot be determined, or (b) the zone of impact is known

but precise sitting alignments cannot be determined. In such cases, the borrower submits a

resettlement policy framework consistent with this policy prior to appraisal (see Annex A,

paragraphs 23-25). For other subprojects that do not fall within the above criteria, a

resettlement plan conforming to this policy is required prior to appraisal.

http://wbln0018.worldbank.org/Institutional/Manuals/OpManual.nsf/BB1704DC5C8434C485256723004B6A53/C22F1032D7DFD30285256E8A00763966?OpenDocument

http://wbln0018.worldbank.org/Institutional/Manuals/OpManual.nsf/FD3DD40D594C593285256C6900770A56/2CB575F62255C53A85256E8A0078068C?OpenDocument

http://wbln0018.worldbank.org/Institutional/Manuals/OpManual.nsf/FD3DD40D594C593285256C6900770A56/2CB575F62255C53A85256E8A0078068C?OpenDocument

http://www.worldbank.org/eligibility/

http://wbln0018.worldbank.org/Institutional/Manuals/OpManual.nsf/toc2/46FC304892280AB785256B19008197F8?OpenDocument




http://wbln0018.worldbank.org/Institutional/Manuals/OpManual.nsf/toc2/CA2D01A4D1BDF58085256B19008197F6?OpenDocument#foot



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For each subproject included in a project described in paragraphs 26, 27, or 28 that may

involve resettlement, the Bank requires that a satisfactory resettlement plan or an

abbreviated resettlement plan that is consistent with the provisions of the policy framework

be submitted to the Bank for approval before the subproject is accepted for Bank financing.

For projects described in paragraphs 26-28 above, the Bank may agree, in writing, that sub-

projects resettlement plans may be approved by the project implementing agency or a

responsible government agency or financial intermediary without prior Bank review, if that

agency has demonstrated adequate institutional capacity to review resettlement plans and

ensure their consistency with this policy. Any such delegation, and appropriate remedies for

the entity’s approval of resettlement plans found not to comply with Bank policy, is

provided for in the legal agreements for the project. In all such cases, implementation of the

resettlement plans is subject to ex post review by the Bank.

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ANNEX 4: RELEVANT LAWS

Property Rights and Land Rights Law / Regulation

All Rwandans are born and remain free and equal in rights and

duties. Discrimination of whatever kind based on, inter alia,

ethnic origin, tribe, clan, colour, sex, region, social origin,

religion or faith, opinion, economic status, culture, language,

social status, physical or mental disability or any other form of

discrimination is prohibited and punishable by law.

Rwanda Constitution 2003

Every person has a right to private property whether personal

or owned in association with others. The private property,

whether individually or collectively owned is inviolable. The

right to property may not be interfered with except in public

interest, in circumstances and procedures determined by law

and subject to fair and prior compensation.

Rwanda Constitution 2003

Land is part of the public domain of all Rwandans; ancestors,

present and future generations.

Any discrimination either based on sex or origin in matters

relating to ownership or possession of rights over the land is

prohibited. The wife and the husband have equal rights over

the land

Organic Land Law No

08/2005 of 14/7/2005

With exceptions of the rights given to people, the state has

supreme powers to manage all the national land.

State that guarantees the right to own and use the land

Organic Land Law No

08/2005 of 14/7/2005

Any person or association with legal personality has the right

over the land and to freely exploit it as provided for by this

organic law in Articles 5 and 6

Organic Land Law No

08/2005 of 14/7/2005

The rights over the land acquired from custom and the rights

acquired from written law are equally protected. All owners of

land acquired from custom are (persons who inherited the land

from their parents), those who acquired it from competent

authorities or those who acquired it through any other means

recognized by national custom whether purchase, gift or

exchange have rights over the land.

Organic Land Law No

08/2005 of 14/7/2005

Land Acquisition Law/Regulation

Expropriation can only be carried out by Government and only

in the public interest and with prior and just compensation

Expropriation Law No.

18/2007 of 19/04/2007

The person to be expropriated is defined to mean any person or

legal entity who is to have his or her private property

transferred due to public interest, in which case they shall be

Rwandan Constitution 2003

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legally entitled to payment of compensation

Compensation Law/Regulation

A project whose implementation shall entail expropriation is

required to make financial provision for the expropriation

process in terms of funds for inventory of assets of the person

whose property is to be expropriated; and for just

compensation on its budget.

Compensation is only payable to persons who have a legally

recognized interest in the real property in issue.


18/2007 of 19/04/2007

The properties to be valued for just compensation due to

expropriation include land and activities that were carried out

on the land including different crops, forests, any buildings or

any other activity aimed at efficient use of land or its

productivity.


18/2007 of 19/04/2007

Through agreement between the person to expropriate and the

one to be expropriated, the just compensation may be

monetary or an alternative land and a building equivalent to

the determination of just monetary compensation.


18/2007 of 19/04/2007

Grievance Resolution Mechanism Law/Regulation

Parties with a dispute have the right to take that dispute to the

mediation committee.

Ministerial Order No.

002/2008 of 2008

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ANNEX 5 – ENTITLEMENT MATRIX

The following table outlines the entitlements of people affected by the project, in and will be

the basis for preparing Resettlement Action Plans and compensation under the Project.

Agricultural land No displacement: Cash

compensation for affected

land equivalent to market

Value

Less than 20% of land

holding affected, and the

remaining land remains

economically viable.

Farmer/ title

holder

Cash compensation for affected land equivalent

Tenant/ lease

holder

Cash compensation for the harvest of the affected land

equivalent to average market value of last 3 years, or

market value of the crop for the remaining period of

tenancy/ lease agreement, whichever is greater.

Displacement: More than

20% of land holding lost or

less than 20% of land

holding lost but remaining

land not economically viable.

Farmer/ Title

holder

Land for land replacement where feasible, or

compensation in cash for the entire landholding

according to PAP’s choice.

Land for land replacement will be in terms of a new

parcel of land of equivalent size and productivity with a

secure tenure status at an available location which is

acceptable to the PAP. Transfer of the land to the PAP

shall be free of taxes, registration & other costs.

Relocation assistance (costs of shifting + assistance in re-

establishing economic trees + allowance up to a

maximum of 12 months while short- term crops mature )




Tenant/Lease

holder

Cash compensation equivalent to average of last 3 years’

market value for the mature and harvested crop, or

market value of the crop for the remaining period of

tenancy/ lease agreement, whichever is greater.



maximum of 12 months while short- term crops mature




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Relocation assistance (costs of shifting + allowance).

Commercial

Land

No displacement: Land used

for business partially

affected, limited loss

Title holder/

business owner

Cash compensation for affected land

Opportunity cost compensation equivalent to 5% of net

annual income based on tax records for previous year (or

tax records from comparable business, or estimates

where such records do not exist).

Business owner is

lease holder

Opportunity cost compensation equivalent to 10% of net

annual income based on tax records for previous year (or

tax records from comparable business, or estimates

where such records do not exist)

Displacement: Premise used

for business severely

affected, remaining area

insufficient for continued use

Title

holder/business

owner

Land for land replacement or compensation in cash

according to PAP’s choice. Land for land replacement

will be provided in terms of a new parcel of land of

equivalent size and market potential with a secured

tenure status at an available location which is acceptable

to the PAP.

Transfer of the land to the PAP shall be free of taxes,

registration & other costs.

Relocation assistance (costs of shifting + allowance)

Opportunity cost compensation equivalent to 2 months

net income based on tax records for previous year (or tax

records from comparable business, or estimates)

Business person

is lease holder



records from comparable business, or estimates), or the

relocation allowance, whichever is higher.

Relocation assistance (costs of shifting)

Assistance in rental/ lease of alternative land/ property

(for a maximum of 6 months) to re- establish the

business.

Residential Land No displacement: Land used

for residence partially

affected, limited loss, and the

remaining land remains

viable for present use.

Title holder Cash compensation for affected land

Rental/lease

holder

Cash compensation equivalent to 10% of lease/ rental fee

for the remaining period of rental/ lease agreement

(written or verbal)

Title holder Land for land replacement or compensation in cash

according to PAP’s choice.

Land for land replacement shall be of minimum plot of

acceptable size under the zoning law/ s or a plot of

equivalent size, whichever is larger, in either the

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community or a nearby resettlement area with adequate

physical and social infrastructure systems as well as

secured tenure status.

When the affected holding is larger than the relocation

plot, cash compensation to cover the difference in value.

Transfer of the land to the PAP shall be free of taxes,

registration & other costs.


Displacement: Premise used

for residence severely

affected, remaining area

insufficient for continued use

or becomes smaller than

minimally accepted under

zoning laws

Rental/lease

holder

Refund of any lease/ rental fees paid for time/ use after

date of removal

Cash compensation equivalent to 3 months of lease/

rental fee

Assistance in rental/ lease of alternative land/ property


Buildings and

structures

No displacement: Structure

partially affected but the

remaining structure remains

viable for continued use

Owner Cash compensation for affected building and other fixed

assets

Cash assistance to cover costs of restoration of the

remaining structure

Rental/lease

holder

Cash compensation for affected assets (verifiable

improvements to the property by the tenant).

Disturbance compensation equivalent to two months

rental costs

Displacement: Entire

structure affected or structure

partially affected but the

remaining structure is not

suitable for continued use

Owner Cash compensation for entire structure and other fixed

assets without depreciation, or alternative structure of

equal or better size and quality in an available location

which is acceptable to the PAP.

Right to salvage materials without deduction from

compensation


Rehabilitation assistance if required (assistance with job

placement, skills training)

Rental/lease

holder

Cash compensation for affected assets (verifiable

improvements to the property by the tenant)

Relocation assistance (costs of shifting + allowance

equivalent to four months rental costs)

Assistance to help find alternative rental arrangements

Rehabilitation assistance if required (assistance with job

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Squatter/informal

dweller

Cash compensation for affected structure without

depreciation

Right to salvage materials without deduction from

compensation

Relocation assistance (costs of shifting + assistance to

find alternative secure accommodation preferably in the

community of residence through involvement of the

project

Alternatively, assistance to find accommodation in rental

housing or in a squatter settlement scheme, if available)

Rehabilitation assistance if required assistance with job


Street vendor

(informal without

title or lease to

the stall or shop)



records from comparable business, or estimates), or the

relocation allowance, whichever is higher.

Relocation assistance (costs of shifting)

Assistance to obtain alternative site to re- establish the

business.

Standing crops Crops affected by land

acquisition or temporary

acquisition or easement

PAP (whether

owner, tenant, or

squatter)

Cash compensation equivalent to average of last 3 years

market value for the mature and harvested crop.

Trees Trees lost Title holder Cash compensation based on type, age and productive

value of affected trees plus 10% premium

Temporary

Acquisition

Temporary acquisition PAP (whether

owner, tenant, or

squatter)

Cash compensation for any assets affected (e. g.

boundary wall demolished, trees removed)

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ANNEX 6: TEMPLATE FOR THE DESIGN OF RESETTLEMENT ACTION PLANS

The basis for preparing RAPs is provided by this Resettlement Policy Framework (RPF), which guides

and governs the project as activities/sub-projects are selected. In the case of the GLTFP it is the

responsibility of The Government of Rwanda through the [Ministry of Trade and Industry (MINICOM)

to prepare any RAPs that may be needed for the project The RAP document must be accepted and

discussed publicly before the Bank appraises a project.

RAP studies can be undertaken as part of or parallel to the Environmental and Social Impact

Assessment (ESIA) studies but traditionally they are finalized as supplement documents to ESIA

reports.

This section of the RPF provides a template for description of the contents of individual RAPs for sub-

projects, which are likely to trigger resettlement. It takes cognizance of the scope of RPF and

includes the minimum information, which is required to complement what is contained in the RPF.

A resettlement action plan should address potential adverse impacts of the project and at the same

time make provisions for improving the socio-economic conditions of the affected populations. To

address the impacts, the plan should have the following attributes:

The resettlement plan includes measures aimed at ensuring that the displaced persons are (i)

informed about their options and rights pertaining to resettlement, (ii) consulted over choices and

given technically and economically feasible resettlement alternatives; and (iii) provided with prompt

and effective compensation at full replacement cost for losses of assets due to the project.

In case the impacts include physical relocation, the resettlement plan includes measures to ensure

that the displaced persons are (i) given assistance (such as moving allowance) during relocations;

and (ii) provided with residential housing or housing sites or, as required, agricultural sites for which

a combination of productive potential, location advantages and other factors is at least equivalent to

the advantages of the old site.

Where necessary, to realize the objectives of the Resettlement Policy, the plan also includes

measures to ensure that displaced persons are (i) offered support after displacement for a transition

period which is likely to be needed to restore their livelihood and standards of living and (ii) provided

with development assistance in addition to compensation measures. Such assistance includes land

preparation, credit facilities, training and/or job opportunities.

The content and level of detail of a RAP will vary depending on circumstances such as the magnitude

of resettlement. However, a satisfactory Resettlement Action Plan should include the following

elements:-

(a) Description of the project (sub-project), project area and area of influence

Information presented in this section includes description of the project area showing location,

sitting of plants, structures, lands, affected dwellings etc; projects objectives and strategy; policy and

legal framework; timeframe; geographical coverage; project strategic context and rationale.

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(b) Potential Impacts Description of project components or activities which would trigger resettlement; the cultural,

social, economic and environmental impacts envisioned; and the alternatives considered to avoid or

minimize resettlement

(c) Organizational Responsibility The institutional arrangement within the implementing agency, provision of adequate resources to

the agency and inter-agency coordination should be described. The capacity and commitment of the

institution to implement the RAP should be assessed. Strengthening of the institutions should be

considered if necessary and the steps that will be taken together with a timetable and budget should

be described at the time of preparing the project. Involvement of the local people and NGOs in

planning, implementation and monitoring resettlement should be highlighted.

(d) Community Participation

This sub-section includes:-

Description of the consultation and participation of the displaced and host communities in the design and implementation of resettlement activities including a summary of the views expressed and how these views were incorporated during the preparation of the resettlement plan.

A review of the resettlement alternatives identified and choices made by the displaced people, including choices related to forms of compensation and resettlement assistance, relocating as individual families or as part of pre-existing families and to retaining access to cultural property (e.g. cemeteries, places of worship etc)

Description of procedures for redress of grievances by affected people throughout the planning and implementation period.

Description of measures aimed at sensitizing and educating the affected and host communities on matters of resettlement

(e) Integration with host communities

Arrangements for consultation with host communities and for prompt payment to the host for land and other assets should be provided to the resettled persons

Arrangements for resolving conflicts which may arise between the resettled persons

Arrangements for resolving conflicts which may arise between the resettled persons and host communities should be put in place

Appropriate measures should be formulated to augment public services such as education, water, health in host communities in order to avoid disparities between resettled persons and the host communities should be put in place.

Resettled persons should be integrated economically and socially into host communities so that adverse impacts to host communities are minimized

(f) Socio-economic Studies

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Population census of the project area including a description of production systems, household organization, baseline information on livelihoods and standards of living of the displaced population (and host communities)

An inventory of assets of displaced households; the magnitude of the expected loss (total or partial for individual or group assets); and extent of physical and economic displacement.

Information on disadvantaged/vulnerable groups or persons for whom special provisions may have to be made. Such groups and persons include those living below the poverty line, the landless, the elderly, women, children, traditionally marginalized groups, and displaced persons who are not protected through national land compensation legislation. Resettlement involving vulnerable/disadvantaged groups/persons should be preceded by a social preparation phase to build their capacity to deal with issues of resettlement.

Provisions for updating information on the livelihood of displaced people and their standards of living at regular intervals.

Description of land tenure systems including common property and non-title based land ownership or allocation recognized locally and related issues.

Public infrastructure and social services that will be affected and

Social and cultural characteristics of displaced and host communities. Appropriate patterns of social organization should be promoted and the existing social and cultural institutions of resettled persons and their host should be retained, supported and used to the extent possible.

(g) Legal framework including mechanisms for conflict resolution and appeals

The applicable legal and administrative procedures including a description of remedies available to displaced persons in the judicial process and the normal time frame for such procedures and available alternative dispute resolution mechanisms that may be relevant to the project

Laws and regulations relating to the agencies responsible for implementing resettlement activities. In reference to land, water, land acquisition, environment and other laws which are force.

Any legal steps that are necessary for ensuring the effective implementation of resettlement activities including a process for recognizing claims to legal rights over land ( including claims that derive from customary and traditional law and usage)

(h) Institutional Framework

This will involve the identification of agencies which are responsible for resettlement activities and

NGOs that may have a role to play in project implementation and assessment of the institutional

capacity of such agencies and NGOs. In the case of LVEMP II, the agency which is responsible for

resettlement activities is the Ministry responsible for Lands and Settlement.

(i) Eligibility Definition of displaced persons and criteria for compensation and other resettlement assistance

including relevant cut off dates. The assurance should be given that lack of legal title should not bar

affected persons form being compensated (Note see Annex 5 of this RPF for entitlements).

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(j) Valuation and Compensation for losses

The methodology to be employed for valuing losses in order to determine their replacement cost. This is a description of the levels of compensation under the local laws and supplementary measures aimed at determining replacement of cost for lost assets and.

A description of the packages of compensation and other resettlement measures that will ensure that each category of eligible displaced persons get their fair compensation. In conformity with the World Bank Operational Policy (OP.4.12 of Dec 2001), displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them to pre-displacement levels or to levels prevailing prior to the start of project implementation whichever is higher.

(k) Identification of alternative sites, selection of resettlement site(s), site preparation and relocation

Institutional and technical arrangements for identifying and preparing relocation sites for which a combination of productive potential, location advantages and other factors, should be at least comparable to ancillary resources.

Procedures for physical relocation including timetable for site preparation and land title transfer and description of resettlements sites.

Measures to prevent the influx of ineligible person (encroachers and squatters) into the selected sites such as the identification and recording of affected people at the project identification stages.

Legal arrangements for regularizing tenure and transferring titles to resettled persons.

(l) Shelter, infrastructure and social services

This sub-section provides details regarding plans to provide or finance housing, infrastructure (e.g.

roads, water supply etc) and social services (schools, health services) and plans aimed at ensuring

that services and any necessary site development to host communities are comparable to those

provided to resettled persons.

(m) Environmental protection

An assessment of the possible environmental impacts of the proposed resettlement and measures

to mitigate and manage the impacts. Reference will be made to the existing Environmental laws.

(n) Implementation Schedules An implementation schedule covering all resettlement activities from project preparation through

implementation to monitoring and evaluation indicating dates for achievement of expected benefits

to resettled persons and hosts and dates for terminating the various forms of assistance

(o) Costs and Budget

The breakdown of cost estimates for all resettlement activities including allowances for inflation and

other contingencies, timetable for expenditures, sources of funds and arrangements for timely

disbursement of funds.

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(p) Monitoring and evaluation

Under this sub-section, information regarding arrangements for monitoring of resettlement

activities by the implementing agency is presented. When appropriate, independent monitors will

supplement the role of the implementing agency to ensure objectivity and completeness of

information. Performance indicators for measuring inputs, outputs and outcomes of resettlement

activities and for evaluating impacts for a reasonable period of time after the resettlement activities

have been completed are also presented.

(q) Commitment to follow RPF guidelines and requirement

A statement of assurance that the implementing agency will follow the guidelines and requirement

of the RPF should be included in the RAP.

(r) Description of programmes for improvement and restoration of livelihoods and standards of living of the affected people.

Programmes aimed at improving and restoring the livelihoods and standards of living of the affected

people in line with the Resettlement Policy should be described and the magnitude of their funding

should be indicated.

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ANNEX 7 – PROJECT SCREENING FORM

Please type or print clearly, completing this form in its entirety. You may provide additional

information on a separate sheet of paper if necessary.

SECTION 1: INFORMATION ON THE CONTACT PERSON

Name:------------------------------------------------------------------------

Address-----------------------------------------------------------------------

Telephone ------------------------------------------------------------------------

SECTION 2: INFORMATION ON THE PROJECT ACTIVITY

A. SUMMARY DESCRIPTION OF THE PROPOSED ACTIVITY

Name of Proposed Activity -----------------------------------------------------------------

Date expected to start construction ----------------------------------------------------------------

Proposed location of activity ---------------------------------------------------------------- (Attach a map or

maps, covering the proposed site and Surrounding 5 km radius)

Land Area ----------------------------------------------------------------- (Approximate land area and of proposed

location)

Current Land use (Describe how the land is being used at present)

-------------------------------------------------------------------------------------------------------

Describe any Possible Alternative Site(s) --------------------------------------------------

Describe other types of facilities (including health centers and schools) which are located within 100

meters of the site, or are proposed to be located near the proposed facility. Indicate the proximity of

the proposed site to residential areas, national parks or areas of ecological, historical or cultural

importance.

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Indicate whether adequate infrastructure exists at the proposed location, or whether new building,

roads, electricity and water lines, or drainage systems will need to be constructed as a part of the

proposed program.

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B. LAND USE

1. Describe existing land uses on and around the proposed location of the project activity (e.g.,

community facilities, agriculture, tourism, private property, or hunting areas, commercial activity):

2. Are there any land use plans on or near the proposed location, which will be negatively affected

by sub- program implementation? YES _ NO_

3. Are there any areas on or near the location, which are densely populated which could be affected

by the sub-program? YES_ NO_

4. Are there sensitive land uses near the proposed location (e.g., hospitals, schools)?

YES_ NO_

5. Will there be a loss of livelihoods among the population? YES_ NO_

6. Will the activity affect any resources that local people take from the natural environment? YES_

NO_

7. Will there be additional demands on local water supplies or other local resources? YES_ NO_

8. Will the activity restrict people's access to land or natural resources? YES_ NO_

9. Will the activity require resettlement and/or compensation of any residents, including squatters?

YES NO_

10. Will the activity result in construction workers or other people moving into or having access to

the area (for a long time period and in large numbers compared to permanent residents)? YES_ NO_

11. Who is/are the present owner(s)/users of resources/infrastructures the area proposed for the

project activity?

C. LOSS OF CROPS, FRUIT TREES< AND INFRASTRUCTURE

Will the sub-program result in the permanent or temporary loss of:

1. Crops? YES_NO_

2. Fruit trees / coconut palms? YES_NO_

3. Infrastructure? YES_NO_

4. Any other assets/resources? YES_NO

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5. Based on available sources, consultation with local authorities, local knowledge and/or

observations, could the sub-program affect: Graves, or sacred locations (e.g., fetish trees or stones)

or require excavations near the same? YES_ NO_

N.B. For all affirmative answers (YES) Provide description, possible alternatives reviewed

and/or appropriate mitigating measures.

D. CONCLUSION

Based on the above screening results, the following recommendations are made:

In the event that a project activity requires permanent or temporary land acquisition, resulting

in

(i) relocation or loss of shelter; or

(ii) lost of assets or access to assets; or

(iii) loss of income sources or means of livelihood, whether or not the affected

persons must move to another location; or

(b) the involuntary restriction of access9 to legally designated parks and protected

areas resulting in adverse impacts on the livelihoods of the displaced persons

please prepare and implement a Resettlement Action Plan (RAP) consistent with the

provisions of this Resettlement Policy Framework.

Please note that civil works cannot commence until the provisions of the RAP have been

implemented to the satisfaction of the World Bank and the affected persons.

107

ANNEX 8: SAMPLE CENSUS FORM

1A1: Socio-economic household datasheet of PAPs

Name of Interviewer Signature

ID Code

Name of Supervisor After verification of interview

ID Code

Village Name

ID Code

Number of concessions in village

GPS Coordinates

Date:………………………………….

Name of Head of Extended Family:

Number of nuclear families in extended residential

groups

1A2: Household Interview Form

Income

Earner

Economic Activities

Name Relationship

to Family

Head

Sex Place

of

Birth

Age Marital

Status

Residence

Tenure

Ethnic

Group

Religion Education

Level

Yes No Primary Secondary

1.

2.

3.

4.

5.

6.

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7.

8.

9.

Relation to head of Family: 1. HOH, 2. Spouse of HOH, 3. Child of HOH, 4. Spouse of child of HOH, 5. Grand child of

HOH, 6. Parent of HOH, 7. Others: Specify, 0. No answer.

Marital Status: 1. Married, 2. Widowed, 3. Divorced, 4. Unmarried, 0. No answer.

Residential Status: 1. Permanent Resident, 2. Absentee Resident, 3. Member of non-resident HH, 4. Visitor, 5. Others

(Specify, 0. No answer

Occupation: 1. Farmer, 2. Shepherd, 3. Household, 4. Merchant, 5. Religious leader, 6. Artisan, 7. Transporter, 8.

Unemployed, 9. Others (Specify), 0. No answer

Education Level: 1. Illiterate, 2. Primary School, 3. Secondary School, 4. Technical, 5. Others

Religion: 1. Muslim, 2. Christian (Specify denomination), 3. Others (Specify), 0. No answer

109

ANNEX 9: SAMPLE ASSET VALUATION SURVEY FORM

Land Asset Inventory for Project Affected People

Province:__________________________________

Date: ___________________________

Village:__________________________________

Survey

No.

Name

of

Head

of HH

No. of

persons

in HH

Total

HH

Land

holding

(M2)

Land to

be

acquired

(M2)

Land

use

Type

% Loss

of

land

Loss of

assets

Loss of assets Loss of crops Loss of

other

assets

Other

losses

Permanen

t

Structures

(M2)

Temporar

y

Structures

((M2)

Area of

residentia

l land lost

(Ha)

Fruit

trees

lost

(Type

and

No.

Agricultura

l land lost

(Ha)

Other

(specify)

(Specify) Residence

(rented)

Business

lost

Income

loss

Land types are a follows (please fill in the types of land appropriate for Rwanda). 1. 2. 3. 4.

Entitlements of Project Affected People

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Province:…………………………………………

Date:……………………………………….

Village:………………………………………….

Survey

No.

Name of

HH Head

Compensation for land Compensation for structures Compensation for crops and trees Compensation for other assets and

losses

Total

(Rwf)

Quantity

(m2)

Unit price

(Rwf/ m2)

Entitlement

(Rwf)

Quantity

(m2)

Unit price

(Rwf/ m2)

Entitlement

(Rwf)

Quantity

(m2)

Unit price

(Rwf/ m2)

Entitlement

(Rwf)

Quantity

(m2)

Unit price

(Rwf/ m2)

Entitlement

(Rwf)

111

ANNEX 10 – GRIEVANCE REDRESS - SAMPLE FORMS

A - GRIEVANCES CLOSE OUT FORM

Grievance close out

Number:……………………………………………………………………………….

.

Define immediate action

required:……………………………………………………………………………

Define long term action required (if

necessary):…………………………………………………………….

Compensation Required: Yes No

Verification of corrective action and sign off

Corrective action steps to carry out Due date

1

2

3

4

5

6

7

Responsible Party

COMPENSATION ACTION AND SIGN OFF

Notes: This part will be filled in and signed by the complainant when he/she receives the compensation or file is

closed out

Complainant:……………………………………………………………………… Representative of Responsible

Party:………………………………………..

Name and Signature:…………………………………………………………… Title, Name and

Signature:……………………………………………………

Date: …………………………………………………………………………….. Date:……………………………………………………………………………

.

B -- Sample Grievance Procedure Form

GRIEVANCE FORM

Grievance Number…………………………………………………… Copies to forward to:

Name of the Recorder………………………………………………. White (Original) – Receiver Party

Province/ Commune/Settlement……………………………………….. Blue (Copy) – Responsible Party

Date………………………………………………………………….. Green (Copy) – GLTFP for database

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Pink (Copy) – Complainant

INFORMATION ABOUT GRIEVANCE

Define the grievance

INFORMATION ABOUT THE COMPLAINANT Method of

passing

information

Name…………………………………………………………………….. Telephone

Telephone Number…………………………………………………….. Meetings

Address…………………………………………………………………. Mail

Village / Settlement……………………………………………………. Informal

Provincial /

Province……………………………………………………….

Other (Specify)

Signature of

complainant………………………………………………

DETAILS OF GRIEVANCE

1. Access to land and

resources

Fishing ground

Land

Pasture land

Houses

Commercial sites

Others (specify)

2. Damage to:

Houses

Land

Livestock

Means of livelihood

Others (specify)

3. Damage to

infrastructure or

community assets

Roads

Railways

Bridges

Power lines

Telephone lines

Water sources (specify type)

Sewerage system

Others (specify)

4. Decrease or loss

of livelihood

Agriculture

Animal husbandry

Bee keeping

Small scale trade

Others (specify

5. Traffic

accident

Injury

Damage to property

Damage to livestock

Others (specify)

6. Incidents on

expropriation and

compensation (specify)

7. Resettlement process

(specify)

8. Employment

and recruitment

(specify)

9. Construction

camps and village

relations

Nuisance from dust

Nuisance from noise

Vibration due to explosion

Project personnel

10. Others

(specify)

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indiscipline

Complaints follow up

Others (specify)